Subtitle I. General Provisions; Department of Motor Vehicles.

Chapter 1. General Provisions.

§ 46.2-100. Definitions.

As used in this title, unless the context requires a different meaning:

“All-terrain vehicle” means a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use. “All-terrain vehicle” does not include four-wheeled vehicles commonly known as “go-carts” that have low centers of gravity and are typically used in racing on relatively level surfaces, nor does the term include any riding lawn mower.

“Antique motor vehicle” means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector’s item.

“Antique trailer” means every trailer or semitrailer, as defined in this section, that was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector’s item.

“Autocycle” means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. Except as otherwise provided, an autocycle shall not be deemed to be a motorcycle.

“Automobile transporter” means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport motor vehicles on their power unit, designed and used exclusively for the transportation of motor vehicles or used to transport cargo or general freight on a backhaul pursuant to the provisions of 49 U.S.C. § 31111(a)(1).

“Bicycle” means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children’s bicycles, except a toy vehicle intended for use by young children. For purposes of Chapter 8 (§ 46.2-800 et seq.), a bicycle shall be a vehicle while operated on the highway.

“Bicycle lane” means that portion of a roadway designated by signs and/or pavement markings for the preferential use of bicycles, electric power-assisted bicycles, motorized skateboards or scooters, and mopeds.

“Business district” means the territory contiguous to a highway where 75 percent or more of the property contiguous to a highway, on either side of the highway, for a distance of 300 feet or more along the highway, is occupied by land and buildings actually in use for business purposes.

“Camping trailer” means every vehicle that has collapsible sides and contains sleeping quarters but may or may not contain bathing and cooking facilities and is designed to be drawn by a motor vehicle.

“Cancel” or “cancellation” means that the document or privilege cancelled has been annulled or terminated because of some error, defect, or ineligibility, but the cancellation is without prejudice and reapplication may be made at any time after cancellation.

“Chauffeur” means every person employed for the principal purpose of driving a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.

“Circular intersection” means an intersection that has an island, generally circular in design, located in the center of the intersection, where all vehicles pass to the right of the island. Circular intersections include roundabouts, rotaries, and traffic circles.

“Commission” means the State Corporation Commission.

“Commissioner” means the Commissioner of the Department of Motor Vehicles of the Commonwealth.

“Converted electric vehicle” means any motor vehicle, other than a motorcycle or autocycle, that has been modified subsequent to its manufacture to replace an internal combustion engine with an electric propulsion system. Such vehicles shall retain their original vehicle identification number, line-make, and model year. A converted electric vehicle shall not be deemed a “reconstructed vehicle” as defined in this section unless it has been materially altered from its original construction by the removal, addition, or substitution of new or used essential parts other than those required for the conversion to electric propulsion.

“Crosswalk” means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

“Decal” means a device to be attached to a license plate that validates the license plate for a predetermined registration period.

“Department” means the Department of Motor Vehicles of the Commonwealth.

“Disabled parking license plate” means a license plate that displays the international symbol of access in the same size as the numbers and letters on the plate and in a color that contrasts with the background.

“Disabled veteran” means a veteran who (i) has either lost, or lost the use of, a leg, arm, or hand; (ii) is blind; or (iii) is permanently and totally disabled as certified by the U.S. Department of Veterans Affairs. A veteran shall be considered blind if he has a permanent impairment of both eyes to the following extent: central visual acuity of 20/200 or less in the better eye, with corrective lenses, or central visual acuity of more than 20/200, if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye.

“Driver’s license” means any license, including a commercial driver’s license as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.) and a driver privilege card issued pursuant to § 46.2-328.3 , issued under the laws of the Commonwealth authorizing the operation of a motor vehicle.

“Electric personal assistive mobility device” means a self-balancing two-nontandem-wheeled device that is designed to transport only one person and powered by an electric propulsion system that limits the device’s maximum speed to 15 miles per hour or less. For purposes of Chapter 8 (§ 46.2-800 et seq.), an electric personal assistive mobility device shall be a vehicle when operated on a highway.

“Electric power-assisted bicycle” means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an input of no more than 750 watts. Electric power-assisted bicycles shall be classified as follows:

  1. “Class one” means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour;
  2. “Class two” means an electric power-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; and
  3. “Class three” means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.For the purposes of Chapter 8 (§ 46.2-800 et seq.), an electric power-assisted bicycle shall be a vehicle when operated on a highway.“Essential parts” means all integral parts and body parts, the removal, alteration, or substitution of which will tend to conceal the identity of a vehicle.“Farm tractor” means every motor vehicle designed and used as a farm, agricultural, or horticultural implement for drawing plows, mowing machines, and other farm, agricultural, or horticultural machinery and implements, including self-propelled mowers designed and used for mowing lawns.“Farm utility vehicle” means a vehicle that is powered by a motor and is designed for off-road use and is used as a farm, agricultural, or horticultural service vehicle, generally having four or more wheels, bench seating for the operator and a passenger, a steering wheel for control, and a cargo bed. “Farm utility vehicle” does not include pickup or panel trucks, golf carts, low-speed vehicles, or riding lawn mowers.“Federal safety requirements” means applicable provisions of 49 U.S.C. § 30101 et seq. and all administrative regulations and policies adopted pursuant thereto.“Financial responsibility” means the ability to respond in damages for liability thereafter incurred arising out of the ownership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in § 46.2-472 .“Foreign market vehicle” means any motor vehicle originally manufactured outside the United States, which was not manufactured in accordance with 49 U.S.C. § 30101 et seq. and the policies and regulations adopted pursuant to that Act, and for which a Virginia title or registration is sought.“Foreign vehicle” means every motor vehicle, trailer, or semitrailer that is brought into the Commonwealth otherwise than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in the Commonwealth.“Golf cart” means a self-propelled vehicle that is designed to transport persons playing golf and their equipment on a golf course.“Governing body” means the board of supervisors of a county, council of a city, or council of a town, as context may require.“Gross weight” means the aggregate weight of a vehicle or combination of vehicles and the load thereon.“Highway” means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated “highways” by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.“Intersection” means (i) the area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict; (ii) where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection, in the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection; or (iii) for purposes only of authorizing installation of traffic-control devices, every crossing of a highway or street at grade by a pedestrian crosswalk.“Lane-use control signal” means a signal face displaying indications to permit or prohibit the use of specific lanes of a roadway or to indicate the impending prohibition of such use.“Law-enforcement officer” means any officer authorized to direct or regulate traffic or to make arrests for violations of this title or local ordinances authorized by law. For the purposes of access to law-enforcement databases regarding motor vehicle registration and ownership only, “law-enforcement officer” also includes city and county commissioners of the revenue and treasurers, together with their duly designated deputies and employees, when such officials are actually engaged in the enforcement of §§ 46.2-752 , 46.2-753 , and 46.2-754 and local ordinances enacted thereunder.“License plate” means a device containing letters, numerals, or a combination of both, attached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is properly registered with the Department.“Light” means a device for producing illumination or the illumination produced by the device.“Low-speed vehicle” means any four-wheeled electrically powered or gas-powered vehicle, except a motor vehicle or low-speed vehicle that is used exclusively for agricultural or horticultural purposes or a golf cart, whose maximum speed is greater than 20 miles per hour but not greater than 25 miles per hour and is manufactured to comply with safety standards contained in Title 49 of the Code of Federal Regulations, § 571.500.“Manufactured home” means a structure subject to federal regulation, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” does not include a park model recreational vehicle, which is a vehicle that is (i) designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use; (ii) not permanently affixed to real property for use as a permanent dwelling; (iii) built on a single chassis mounted on wheels; and (iv) certified by the manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Park Model Recreational Vehicle Standard.“Military surplus motor vehicle” means a multipurpose or tactical vehicle that was manufactured by or under the direction of the United States Armed Forces for off-road use and subsequently authorized for sale to civilians. “Military surplus motor vehicle” does not include specialized mobile equipment as defined in § 46.2-700 , trailers, or semitrailers.“Moped” means every vehicle that travels on not more than three wheels in contact with the ground that (i) has a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; (ii) has a gasoline, electric, or hybrid motor that (a) displaces 50 cubic centimeters or less or (b) has an input of 1500 watts or less; (iii) is power-driven, with or without pedals that allow propulsion by human power; and (iv) is not operated at speeds in excess of 35 miles per hour. “Moped” does not include an electric power-assisted bicycle or a motorized skateboard or scooter. For purposes of this title, a moped shall be a motorcycle when operated at speeds in excess of 35 miles per hour. For purposes of Chapter 8 (§ 46.2-800 et seq.), a moped shall be a vehicle while operated on a highway.“Motor-driven cycle” means every motorcycle that has a gasoline engine that (i) displaces less than 150 cubic centimeters; (ii) has a seat less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; and (iii) has no manufacturer-issued vehicle identification number.“Motor home” means every private motor vehicle with a normal seating capacity of not more than 10 persons, including the driver, designed primarily for use as living quarters for human beings.“Motor vehicle” means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle. Except as otherwise provided, for the purposes of this title, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or scooter, moped, or personal delivery device shall be deemed not to be a motor vehicle.“Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour. “Motorcycle” does not include any “autocycle,” “electric personal assistive mobility device,” “electric power-assisted bicycle,” “farm tractor,” “golf cart,” “moped,” “motorized skateboard or scooter,” “utility vehicle,” or “wheelchair or wheelchair conveyance” as defined in this section.“Motorized skateboard or scooter” means every vehicle, regardless of the number of its wheels in contact with the ground, that (i) is designed to allow an operator to sit or stand, (ii) has no manufacturer-issued vehicle identification number, (iii) is powered in whole or in part by an electric motor, (iv) weighs less than 100 pounds, and (v) has a speed of no more than 20 miles per hour on a paved level surface when powered solely by the electric motor. “Motorized skateboard or scooter” includes vehicles with or without handlebars but does not include electric personal assistive mobility devices or electric power-assisted bicycles.“Nonresident” means every person who is not domiciled in the Commonwealth, except: (i) any foreign corporation that is authorized to do business in the Commonwealth by the State Corporation Commission shall be a resident of the Commonwealth for the purpose of this title; in the case of corporations incorporated in the Commonwealth but doing business outside the Commonwealth, only such principal place of business or branches located within the Commonwealth shall be dealt with as residents of the Commonwealth; (ii) a person who becomes engaged in a gainful occupation in the Commonwealth for a period exceeding 60 days shall be a resident for the purposes of this title except for the purposes of Chapter 3 (§ 46.2-300 et seq.); (iii) a person, other than (a) a nonresident student as defined in this section or (b) a person who is serving a full-time church service or proselyting mission of not more than 36 months and who is not gainfully employed, who has actually resided in the Commonwealth for a period of six months, whether employed or not, or who has registered a motor vehicle, listing an address in the Commonwealth in the application for registration, shall be deemed a resident for the purposes of this title, except for the purposes of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).“Nonresident student” means every nonresident person who is enrolled as a full-time student in an accredited institution of learning in the Commonwealth and who is not gainfully employed.“Off-road motorcycle” means every motorcycle designed exclusively for off-road use by an individual rider with not more than two wheels in contact with the ground. Except as otherwise provided in this chapter, for the purposes of this chapter off-road motorcycles shall be deemed to be “motorcycles.”“Operation or use for rent or for hire, for the transportation of passengers, or as a property carrier for compensation,” and “business of transporting persons or property” mean any owner or operator of any motor vehicle, trailer, or semitrailer operating over the highways in the Commonwealth who accepts or receives compensation for the service, directly or indirectly; but these terms do not mean a “truck lessor” as defined in this section and do not include persons or businesses that receive compensation for delivering a product that they themselves sell or produce, where a separate charge is made for delivery of the product or the cost of delivery is included in the sale price of the product, but where the person or business does not derive all or a substantial portion of its income from the transportation of persons or property except as part of a sales transaction.“Operator” or “driver” means every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle.“Owner” means a person who holds the legal title to a vehicle; however, if a vehicle is the subject of an agreement for its conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be the owner for the purpose of this title. In all such instances when the rent paid by the lessee includes charges for services of any nature or when the lease does not provide that title shall pass to the lessee on payment of the rent stipulated, the lessor shall be regarded as the owner of the vehicle, and the vehicle shall be subject to such requirements of this title as are applicable to vehicles operated for compensation. A “truck lessor” as defined in this section shall be regarded as the owner, and his vehicles shall be subject to such requirements of this title as are applicable to vehicles of private carriers.“Passenger car” means every motor vehicle other than a motorcycle or autocycle designed and used primarily for the transportation of no more than 10 persons, including the driver.“Payment device” means any credit card as defined in 15 U.S.C. § 1602 (k) or any “accepted card or other means of access” set forth in 15 U.S.C. § 1693a (1). For the purposes of this title, this definition shall also include a card that enables a person to pay for transactions through the use of value stored on the card itself.“Personal delivery device” means a powered device operated primarily on sidewalks and crosswalks and intended primarily for the transport of property on public rights-of-way that does not exceed 500 pounds, excluding cargo, and is capable of navigating with or without the active control or monitoring of a natural person. Notwithstanding any other provision of law, a personal delivery device shall not be considered a motor vehicle or a vehicle.“Personal delivery device operator” means an entity or its agent that exercises direct physical control or monitoring over the navigation system and operation of a personal delivery device. For the purposes of this definition, “agent” means a person not less than 16 years of age charged by an entity with the responsibility of navigating and operating a personal delivery device. “Personal delivery device operator” does not include (i) an entity or person who requests the services of a personal delivery device to transport property or (ii) an entity or person who only arranges for and dispatches the requested services of a personal delivery device.“Pickup or panel truck” means (i) every motor vehicle designed for the transportation of property and having a registered gross weight of 7,500 pounds or less or (ii) every motor vehicle registered for personal use, designed to transport property on its own structure independent of any other vehicle, and having a registered gross weight in excess of 7,500 pounds but not in excess of 10,000 pounds.“Private road or driveway” means every way in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.“Reconstructed vehicle” means every vehicle of a type required to be registered under this title materially altered from its original construction by the removal, addition, or substitution of new or used essential parts. Such vehicles, at the discretion of the Department, shall retain their original vehicle identification number, line-make, and model year. Except as otherwise provided in this title, this definition shall not include a “converted electric vehicle” as defined in this section.“Replica vehicle” means every vehicle of a type required to be registered under this title not fully constructed by a licensed manufacturer but either constructed or assembled from components. Such components may be from a single vehicle, multiple vehicles, a kit, parts, or fabricated components. The kit may be made up of “major components” as defined in § 46.2-1600 , a full body, or a full chassis, or a combination of these parts. The vehicle shall resemble a vehicle of distinctive name, line-make, model, or type as produced by a licensed manufacturer or manufacturer no longer in business and is not a reconstructed or specially constructed vehicle as herein defined.“Residence district” means the territory contiguous to a highway, not comprising a business district, where 75 percent or more of the property abutting such highway, on either side of the highway, for a distance of 300 feet or more along the highway consists of land improved for dwelling purposes, or is occupied by dwellings, or consists of land or buildings in use for business purposes, or consists of territory zoned residential or territory in residential subdivisions created under Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2.“Revoke” or “revocation” means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation.“Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may include two or more roadways if divided by a physical barrier or barriers or an unpaved area.“Safety zone” means the area officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by plainly visible signs.“School bus” means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of the mentally or physically handicapped to and from a sheltered workshop; (ii) painted yellow and bears the words “School Bus” in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § 46.2-1090 . A yellow school bus may have a white roof provided such vehicle is painted in accordance with regulations promulgated by the Department of Education.“Semitrailer” means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle.“Shared-use path” means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way. Shared-use paths may also be used by pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and other nonmotorized users and personal delivery devices.“Shoulder” means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch.“Sidewalk” means the portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.“Snowmobile” means a self-propelled vehicle designed to travel on snow or ice, steered by skis or runners, and supported in whole or in part by one or more skis, belts, or cleats.“Special construction and forestry equipment” means any vehicle which is designed primarily for highway construction, highway maintenance, earth moving, timber harvesting or other construction or forestry work and which is not designed for the transportation of persons or property on a public highway.“Specially constructed vehicle” means any vehicle that was not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not a reconstructed vehicle as herein defined.“Stinger-steered automobile or watercraft transporter” means an automobile or watercraft transporter configured as a semitrailer combination wherein the fifth wheel is located on a drop frame behind and below the rearmost axle of the power unit.“Superintendent” means the Superintendent of the Department of State Police of the Commonwealth.“Suspend” or “suspension” means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension.“Tow truck” means a motor vehicle for hire (i) designed to lift, pull, or carry another vehicle by means of a hoist or other mechanical apparatus and (ii) having a manufacturer’s gross vehicle weight rating of at least 10,000 pounds. “Tow truck” also includes vehicles designed with a ramp on wheels and a hydraulic lift with a capacity to haul or tow another vehicle, commonly referred to as “rollbacks.” “Tow truck” does not include any “automobile or watercraft transporter,” “stinger-steered automobile or watercraft transporter,” or “tractor truck” as those terms are defined in this section.“Towing and recovery operator” means a person engaged in the business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities for repair or safekeeping and (ii) restoring to the highway or other location where they either can be operated or removed to other locations for repair or safekeeping vehicles that have come to rest in places where they cannot be operated.“Toy vehicle” means any motorized or propellant-driven device that has no manufacturer-issued vehicle identification number that is designed or used to carry any person or persons, on any number of wheels, bearings, glides, blades, runners, or a cushion of air. “Toy vehicle” does not include electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, motorized skateboards or scooters, or motorcycles, nor does it include any nonmotorized or nonpropellant-driven devices such as bicycles, roller skates, or skateboards.“Tractor truck” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto.“Traffic control device” means a sign, signal, marking, or other device used to regulate, warn, or guide traffic placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public agency or official having jurisdiction, or in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction.“Traffic infraction” means a violation of law punishable as provided in § 46.2-113 , which is neither a felony nor a misdemeanor.“Traffic lane” or “lane” means that portion of a roadway designed or designated to accommodate the forward movement of a single line of vehicles.“Trailer” means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes.“Truck” means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. “Truck” does not include any pickup or panel truck.“Truck lessor” means a person who holds the legal title to any motor vehicle, trailer, or semitrailer that is the subject of a bona fide written lease for a term of one year or more to another person, provided that: (i) neither the lessor nor the lessee is a common carrier by motor vehicle or restricted common carrier by motor vehicle or contract carrier by motor vehicle as defined in § 46.2-2000 ; (ii) the leased motor vehicle, trailer, or semitrailer is used exclusively for the transportation of property of the lessee; (iii) the lessor is not employed in any capacity by the lessee; (iv) the operator of the leased motor vehicle is a bona fide employee of the lessee and is not employed in any capacity by the lessor; and (v) a true copy of the lease, verified by affidavit of the lessor, is filed with the Commissioner.“Utility vehicle” means a motor vehicle that is (i) designed for off-road use, (ii) powered by a motor, and (iii) used for general maintenance, security, agricultural, or horticultural purposes. “Utility vehicle” does not include riding lawn mowers.“Vehicle” means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. For the purposes of Chapter 8 (§ 46.2-800 et seq.), bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, motorized skateboards or scooters, and mopeds shall be vehicles while operated on a highway.“Watercraft transporter” means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport watercraft on their power unit, designed and used exclusively for the transportation of watercraft.“Wheel chair or wheel chair conveyance” means a chair or seat equipped with wheels, typically used to provide mobility for persons who, by reason of physical disability, are otherwise unable to move about as pedestrians. “Wheel chair or wheel chair conveyance” includes both three-wheeled and four-wheeled devices. So long as it is operated only as provided in § 46.2-677 , a self-propelled wheel chair or self-propelled wheel chair conveyance shall not be considered a motor vehicle.

History. Code 1950, §§ 46-1 , 46-1 69, 46-185, 46-186, 46-343; 1954, c. 59; 1958, cc. 501, 541, §§ 46.1-1 , 46.1-1 61; 1964, c. 618; 1966, c. 643; 1968, cc. 285, 641, 653, 685; 1972, cc. 433, 609; 1974, c. 347; 1975, cc. 382, 426; 1976, c. 372; 1977, cc. 252, 585; 1978, cc. 36, 550, 605; 1979, c. 100; 1980, c. 51; 1981, c. 585; 1983, c. 386; 1984, cc. 404, 780; 1985, c. 447; 1986, cc. 72, 613; 1987, c. 151; 1988, cc. 107, 452, 865; 1989, cc. 645, 705, 727; 1990, cc. 45, 418; 1992, c. 98; 1993, c. 133; 1994, c. 866; 1996, cc. 943, 994; 1997, cc. 9, 186, 486, 783, 904; 1998, c. 888; 1999, cc. 67, 77; 2001, c. 834; 2002, cc. 214, 234, 254; 2003, cc. 29, 46; 2004, cc. 746, 796; 2005, cc. 310, 928; 2006, cc. 529, 538, 540, 874, 891, 896; 2007, cc. 209, 325, 366, 393; 2010, c. 135; 2011, c. 128; 2012, c. 177; 2013, cc. 128, 400, 783; 2014, cc. 53, 256; 2016, cc. 428, 500, 764; 2017, cc. 251, 370, 554, 788; 2018, c. 555; 2019, c. 780; 2020, cc. 59, 260, 1269; 2021, Sp. Sess. I, c. 421.

Transition provisions.

House Joint Resolution No. 271, approved by the General Assembly in 1987, requested the Virginia Code Commission to undertake a revision of Title 46.1. The Commission’s report was published as House Document No. 42 of the 1989 Session and served as the basis for Title 46.2, which was enacted by Acts 1989, c. 727, effective Oct. 1, 1989.

Acts 1989, c. 727, cl. 2 provides that whenever any of the conditions, requirements, provisions, or contents of any section, article, or chapter of Title 46.1 or any other title of this Code as such titles existed prior to Oct. 1, 1989, are transferred in the same or modified form to a new section, article, or chapter of this title or any other title of this Code and whenever any such former section, article, or chapter is given a new number in this or any other title, all references to any such former section, article, or chapter of Title 46.1 or other title appearing in this Code shall be construed to apply to the new or renumbered section, article, or chapter containing such conditions, requirements, provisions, contents, or portions thereof.

Acts 1989, c. 727, cl. 3 provides that the regulations of the Department of Motor Vehicles, the Department of State Police, the Department of Transportation, the Department of Air Pollution Control, the State Corporation Commission, and any other Department, agency, or instrumentality of the Commonwealth and any ordinance adopted by any political subdivision of the Commonwealth in effect on the effective date of the act (Oct. 1, 1989) shall continue in effect to the extent that they are not in conflict with the act and shall be deemed to be regulations promulgated or ordinances adopted under the act.

Acts 1989, c. 727, cl. 4 provides that the recodification of Title 46.1 as Title 46.2 shall not be construed to require the reappointment of any officer or any member of a board, council, committee, or other appointed body referred to in Title 46.2, and each such officer and member shall continue to serve the term for which appointed pursuant to the provisions of Title 46.1.

Acts 1989, c. 727, cl. 5 provides that the act shall be deemed to have been enacted prior to any other act enacted in the 1989 Regular Session of the General Assembly, and any act purported to amend and reenact any law contained in Title 46.1 or Title 46.2 is deemed to be added to, amendatory of, or a repealer of, as the case may be, any corresponding law contained in the act. However, effect shall be given to such other or subsequent act only to the extent of any apparent changes in the law as it existed prior to the commencement of such session.

Many of the cases cited in the notes under provisions of Title 46.2 were decided under former Title 46.1 or prior law.

Cross references.

As to administration of highway safety program by the Governor, see § 2.2-119 .

As to the insurance of state motor vehicles, see § 2.2-1838 .

As to this title being exempt from the hearing officer requirements of the Administrative Process Act, see § 2.2-4024 .

As to the Automobile Repair Facilities Act, see Chapter 17.1 of Title 59.1 (§§ 59.1-207.1 through 59.1-207.6).

For requirement that applications for issuance and renewal of occupational licenses and registrations include the applicant’s social security number or a control number issued pursuant to § 46.2-342 , and provision for suspension of such license or registration for delinquency in support obligations, see § 63.2-1937 .

As to defects on vehicles with military surplus motor vehicles plates, see § 46.2-730.1 .

The 1997 amendments.

The 1997 amendment by c. 9, in the first sentence of the paragraph defining “Moped,” inserted the (i) designator and added clause (ii).

The 1997 amendment by c. 186, in the paragraph defining “Operation or use for rent or for hire, for the transportation of passengers, or as a property carrier for compensation,” and “business of transporting persons or property,” inserted “and do not include persons or businesses that receive compensation for delivering a product that they themselves sell or produce, where a separate charge is made for delivery of the product or the cost of delivery is included in the sale price of the product, but where the person or business does not derive all or a substantial portion of its income from the transportation of persons or property except as part of a sales transaction” at the end of the paragraph.

The 1997 amendment by c. 486 substituted “46.2-753 and” for “through” in the definition of “ ‘Law-enforcement officer’ .”

The 1997 amendments by cc. 783 and 904 are identical, and deleted the former paragraphs defining “Organizational removable windshield placard,” “Permanent removable windshield placard,” “Person with a disability that limits or impairs his ability to walk,” and “Temporary removable windshield placard.”

The 1998 amendment, in the definition of “Residence district,” substituted “abutting” for “contiguous to,” substituted “consists of” for “is occupied by dwellings and,” inserted “is occupied” and substituted “or consists of” for “land improved for dwelling purposes and.”

The 1999 amendments.

The 1999 amendment by c. 67, in the paragraph defining “Moped,” inserted “a conveyance that is either,” and substituted “or” for “and” preceding clause (ii).

The 1999 amendment by c. 77, in the paragraph defining “Manufactured home,” substituted “Manufactured” for “Mobile,” and inserted “subject to federal regulation.”

The 2001 amendments.

The 2001 amendment by c. 834 substituted “that” for “which” throughout, inserted the definition for the term “Electric power-assisted bicycle” and inserted “electric power-assisted bicycle” in the definition of “Motor vehicle”, deleted “a” preceding “moped shall be deemed” in the last sentence in the definition for “Motor vehicle,” and inserted “electric power-assisted bicycles” in the definition for “Vehicle”.

The 2002 amendments.

The 2002 amendments by cc. 214 and 234 are identical, and inserted the definition of “Low-speed vehicle.”

The 2002 amendment by c. 254 inserted the definition of “Electric personal assistive mobility device”; and inserted “electric personal assistive mobility device” in the definitions of “Motor vehicle” and “Vehicle.”

The 2003 amendments.

The 2003 amendments by cc. 29 and 46 are virtually identical, and in the definition of “Bicycle” substituted “upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children’s bicycles except a toy vehicle intended for use by young children” for “having pedals, two or more wheels, and a set height of more than twenty-five inches from the ground when adjusted to its maximum height”; added the definitions of “Bicycle lane”, “Shared-use path” and “Sidewalk”; and substituted figures for words in the references to numbers throughout the section.

The 2004 amendments.

The 2004 amendment by c. 746 inserted the definitions of “Governing body” and “Utility vehicle.”

The 2004 amendment by c. 796 inserted the definition of “Antique trailer.”

The 2005 amendments.

The 2005 amendment by c. 310 added the language beginning “or consists of territory zoned residential” at the end of the definition of “Residence district.”

The 2005 amendment by c. 928 substituted “religious” for “parochial” in clause (i) of the first sentence in the definition of “School bus.”

The 2006 amendments.

The 2006 amendments by cc. 529 and 538 are identical, and in the definition of “Electric power-assisted bicycle,” substituted “vehicle that travels on not more than three wheels in contact with the ground and is” for “bicycle,” inserted clause (i) and the clause (ii) designation, and in clause (ii), inserted “with an input of no more than 1,000 watts” and deleted “but does not eliminate the rider’s need to pedal” following “of the rider”; in the definition of “Moped,” substituted the language beginning “every vehicle that travels” and ending “50 cubic centimeters” for former clauses (i) and (ii), relating to maximum miles per hour standards; inserted the definition of “Motor-driven cycle”; substituted the language beginning “and is capable” and ending “wheelchair conveyance” for “except any vehicle included within the term ‘farm tractor’ or ‘moped”’ in the definition of “Motorcycle”; added the definition of “Motorized skateboard or scooter”; and corrected the spelling of “traveled” in the paragraph defining “Shoulder.”

The 2006 amendment by c. 540, effective April 4, 2006, in the paragraph defining “Highway,” inserted the clause (i) designation and added clause (ii).

The 2006 amendments by cc. 874 and 891 are identical, and corrected the spelling of “traveled” in the paragraph defining “Shoulder” and inserted the paragraph defining “Tow truck.”

The 2006 amendment by c. 896 inserted the paragraphs defining “All-terrain vehicle,” “Farm utility vehicle” and “Off-road motorcycle”; corrected the spelling of “traveled” in the paragraph defining “Shoulder”; and substituted “this section” for “§ 46.2-915.1 ” in the paragraph defining “Utility vehicle.”

The 2007 amendments.

The 2007 amendments by cc. 209 and 366 are nearly identical, and added the paragraph defining “Toy vehicle.”

The 2007 amendments by cc. 325 and 393 are identical, and added the last sentence to “Reconstructed vehicle”; and inserted the definition of “Replica vehicle.”

The 2010 amendments.

The 2010 amendment by c. 135 added the paragraph defining “Special construction and forestry equipment.”

The 2011 amendments.

The 2011 amendment by c. 128, in the definition for “Moped,” inserted the second sentence and deleted “of this title” following “(§ 46.2-800 )” in the last sentence.

The 2012 amendments.

The 2012 amendment by c. 177, effective October 1, 2012, added the paragraph defining “Converted electric vehicle”; added the last sentence of the paragraph defining “Reconstructed vehicle”; and made stylistic changes.

The 2013 amendments.

The 2013 amendments by cc. 128 and 400 are identical, and added the paragraphs defining “Circular intersection,” “Lane-use control signal,” and “Traffic control device.”

The 2013 amendment by c. 783 rewrote the paragraph defining of “All-terrain vehicle”; in the paragraph defining “Disabled veteran,” substituted “U.S. Department of Veterans Affairs” for “U.S. Veterans Administration” in clause (iii) of the first sentence, and deleted the clause (i) designator following “to the following extent:” near the beginning of the second sentence; in the paragraph defining “Farm utility vehicle,” inserted “powered by a motor and is” and deleted “a gasoline or diesel engine,” in the first sentence, and substituted “vehicles, or riding lawn mowers” for “vehicles, riding lawn mowers, or all-terrain vehicles” at the end of the second sentence; in the paragraph defining “Moped,” rewrote the first sentence; in the paragraph defining, “Motor vehicle,” inserted “Except as otherwise provided,” at the beginning of the third sentence; substituted “foot-scooter” for “scooter” in the paragraphs defining “Motorcycle” and “Motorized skateboard or foot-scooter”; and in the paragraph defining “Utility vehicle,” substituted “a motor” for “an engine of no more than 25 horsepower” in clause (ii) of the first sentence, and deleted “all-terrain vehicles as defined in this section,” preceding, and “or any other vehicle whose definition is included in this section” following, “riding lawn mowers” in the second sentence.

The 2014 amendments.

The 2014 amendments by cc. 53 and 256 are identical, and rewrote the introductory paragraph; added the definition of “Autocycle”; in the definition of “Converted electric vehicle” inserted “or autocycle”; in the definition of “Law-enforcement officer” substituted “‘law-enforcement officer”’ for “this term shall” and “includes” for “include”; in the definition of “Motorcycle” substituted “Motorcycle” for “The term ‘motorcycle”’ and inserted “autocycle”; in the definition of “Motorized skateboard or foot-scooter” substituted “Motorized” for “The term ‘motorized”’ and made a minor stylistic change; in the definition of “Passenger car” inserted “or autocycle” and made a minor stylistic change; in the definition of “Toy vehicle” substituted “‘Toy vehicle”’ for “The term”; and in the definition of “Wheel chair or wheel chair conveyance” substituted “‘Wheel chair or wheel chair conveyance”’ for “The term.”

The 2016 amendments.

The 2016 amendment by c. 428, in the definition of “Nonresident,” inserted “(a),” and “or (b) a person who is serving a full-time church service or proselyting mission of not more than 36 months and who is not gainfully employed.”

The 2016 amendments by c. 500, in the definition for “Low-speed vehicle,” inserted “or gas-powered.”

The 2016 amendment by c. 764, in the definition for “Pickup or panel truck,” inserted clause designation (i), added clause (ii), and made a related change; and added the last sentence in the definition for “Truck.”

The 2017 amendments.

The 2017 amendments by cc. 251 and 788 are identical, and added definitions for “Electric personal delivery device” and “Electric personal delivery device operator”; in the definition of “Shared-use path,” inserted “and electric personal delivery devices”; and in the definition of “Vehicle,” inserted “electric personal delivery devices and.”

The 2017 amendment by c. 370 added the second sentence in the definition of “Manufactured home.”

The 2017 amendment by c. 554, rewrote the definition of “Automobile transporter,” which formerly read: “‘Automobile or watercraft transporters’ means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport motor vehicles or watercraft on their power unit, designed and used exclusively for the transportation of motor vehicles or watercraft”; and added the definition of “Watercraft transporter.”

The 2018 amendments.

The 2018 amendment by c. 555 inserted the definition for “Military surplus motor vehicle.”

The 2019 amendments.

The 2019 amendment by c. 780 inserted “motorized skateboards or scooters” in the definitions of “Bicycle lane,” “Motor vehicle,” “Toy vehicle” and “Vehicle”; in the definition for “Electric power-assisted bicycle,” inserted “and ceases to provide assistance when the bicycle reaches a speed of no more than 20 miles per hour”; in the definition for “Moped,” inserted the second sentence; in the definition for “Motorcycle,” substituted “scooter” for “foot-scooter”; rewrote the definition for “Motorized skateboard or scooter,” which read: “ ‘Motorized skateboard or foot-scooter’ means every vehicle, regardless of the number of its wheels in contact with the ground, that (i) has no seat, but is designed to be stood upon by the operator, (ii) has no manufacturer-issued vehicle identification number, and (iii) is powered by an electric motor having an input of no more than 1,000 watts or a gasoline engine that displaces less than 36 cubic centimeters. ‘Motorized skateboard or foot-scooter’ includes vehicles with or without handlebars but does not include ‘electric personal assistive mobility devices’ ”; and made stylistic changes.

The 2020 amendments.

The 2020 amendments by cc. 59 and 260 are identical; and in the definition for “Electric power-assisted bicycle, ” inserted “(ii) a seat for the use of the rider,” renumbered former clause (ii) as clause (iii), substituted “750 watts” for “1,000 watts”, deleted “that reduces the pedal effort required of the rider and ceases to provide assistance when the bicycle reaches a speed of no more than 20 miles per hour,” added the last sentence of the definition and added subdivisions 1, 2 and 3; in the definition for “Moped,” inserted “an electric power-assisted bicycle or”; and in the last sentence in the definition for “Motorized skateboard or scooter,” added “or electric power-assisted bicycle.”

The 2020 amendment by c. 1269, deleted the definitions of “Electric personal delivery device” and “Electric personal delivery device operator”; inserted the definitions of “Personal delivery device” and “Personal delivery device operator” and in the definitions of “Shared-use path” in the last sentence and “Vehicle” in the first sentence, deleted “electric” preceding “personal delivery devices.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 421, effective July 1, 2021, inserted “and a driver privilege card issued pursuant to § 46.2-328.3 ” in the definition of “Driver’s license”; and made a clause-numbering correction in the definition of “Motorized skateboard or scooter.”

Law Review.

For note, “The Protection of Financing Agencies; Automobile Liens,” see 45 Va. L. Rev. 754 (1959).

For survey of Virginia law on insurance for the year 1970-1971, see 57 Va. L. Rev. 1608 (1971).

For survey of Virginia law on torts for the year 1971-1972, see 58 Va. L. Rev. 1349 (1972).

For note, “Perfection of Purchase Money Security Interests in Mobile Homes under Section 9-302 of the Uniform Commercial Code,” see 29 Wash. & Lee L. Rev. 53 (1972).

For note on automobile liability insurance and the voluntary-certified policy dichotomy, see 29 Wash. & Lee L. Rev. 426 (1972).

For 1995 survey of insurance law, see 29 U. Rich. L. Rev. 1089 (1995).

For a review of criminal law in Virginia for year 1999, see 33 U. Rich. L. Rev. 857 (1999).

Research References.

Friend’s Virginia Pleading and Practice (Matthew Bender). Chapter 1. Courts. § 1.05. District Courts. Friend.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, §§ 2, 3, 9, 11, 17, 27, 29, 33, 36, 118, 129; 3B M.J. Carriers, § 102; 3C M.J. Commercial Law, § 98; 5B M.J. Criminal Procedure, § 3; 10B M.J. Insurance, §§ 144, 150; 17 M.J. Streets and Highways, § 2.

CASE NOTES

Analysis

I.General Consideration.

Editor’s note.

Some of the cases below were decided under former Title 46.1 or prior law.

The Motor Vehicle Code must be read as a whole. Richmond-Petersburg Freight Lines v. City of Richmond, 182 Va. 132 , 28 S.E.2d 7, 1943 Va. LEXIS 141 (1943); Lamb v. Parsons, 195 Va. 353 , 78 S.E.2d 707, 1953 Va. LEXIS 206 (1953).

Definitions in this section do not control Title 18.2. Reynolds v. City of Va. Beach, 31 Va. App. 629, 525 S.E.2d 65, 2000 Va. App. LEXIS 133 (2000).

Race car is a “motor vehicle.” —

Bankruptcy debtor’s vehicle that was modified to be a race car was a motor vehicle subject to exemption under subdivision 8 of § 34-26 , since the vehicle was capable of transporting persons on the highways of the state, within the meaning of the definitions of “motor vehicle” and “vehicle” set out in § 46.2-100 , even if the race car was not legally able to do so. In re Crump, No. 06-33410-KRH, 2007 Bankr. LEXIS 1346 (Bankr. E.D. Va. Apr. 3, 2007).

Powerboat not a “motor vehicle.” —

Debtors’ powerboat did not constitute a motor vehicle for which they could claim an exemption under the poor debtor’s exemption of § 34-26 because, considering the dictionary definition as well as the way the term “motor vehicle” was used elsewhere in the Code of Virginia, the General Assembly did not intend the term “motor vehicle” as used in the exemption statute to include a powerboat, which did not operate on a highway, did not have rubber tires for use on a highway, and was an entirely different creature, a vessel used for transportation on water. In re Potter, No. 08-17658-SSM, 2009 Bankr. LEXIS 804 (Bankr. E.D. Va. Mar. 24, 2009).

Mobile home not a “motor vehicle.” —

Chapter 7 debtor could not exempt her mobile home under subdivision 8 of § 34-26 because it did not meet the statutory requirements of the § 46.2-100 test; it was not self propelled or designed for self propulsion, nor was it designed or used primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling. In re Scott, No. 11-37343-KRH, 2012 Bankr. LEXIS 3107 (Bankr. E.D. Va. July 3, 2012).

“Passenger car” and “motor home” mutually exclusive. —

Motor homes and passenger cars, as those terms are defined by § 46.2-100 , are mutually exclusive. Under Virginia law, motor homes are not passenger cars. Burke v. THOR Motor Coach, Inc., 113 F. Supp. 3d 863, 2015 U.S. Dist. LEXIS 89980 (E.D. Va. 2015).

Definition of “Revoke.” —

Trial court did not err in finding the evidence was sufficient to convict defendant for violating § 46.2-357 because the circuit court’s prior order, which utilized the language of the older § 46.2-355, was sufficient to revoke defendant’s license within the definition of that term in § 46.2-100 . Thomas v. Commonwealth, 59 Va. App. 496, 720 S.E.2d 157, 2012 Va. App. LEXIS 14 (2012).

“Stacking” of uninsured motorist coverage. —

It is now the rule in Virginia that the stacking of uninsured motorist coverage will be permitted unless clear and unambiguous language exists on the face of the policy to prevent such multiple coverage, and any ambiguity contained within a policy will be construed against the insurer. Goodville Mut. Cas. Co. v. Borror, 221 Va. 967 , 275 S.E.2d 625, 1981 Va. LEXIS 235 (1981).

Relationship to “lemon law.” —

In a case in which a truck buyer alleged that the truck manufacturer violated the Virginia Motor Vehicle Warranty Enforcement Act, §§ 59.1-207.9 through 59.1-207.16:1 and the manufacturer moved for summary judgment, the buyer could not maintain that claim because the registered gross weight of the truck exceeded 7,500 pounds; that was a bright-line requirement that his truck could not satisfy. By its reference to § 46.2-100 , the statute defines pickup or panel trucks to include only vehicles having a registered gross weight of 7,500 pounds or less. Eversole v. Ford Motor Co., No. 3:11cv428-DJN, 2012 U.S. Dist. LEXIS 49166 (E.D. Va. Apr. 6, 2012).

Suspension. —

This section makes reinstatement or renewal of a driver’s license contingent upon the termination of the period of suspension or revocation. Barden v. Commonwealth, 64 Va. App. 700, 771 S.E.2d 699, 2015 Va. App. LEXIS 159 (2015).

II.Bicycles and Mopeds.

Bicycles and mopeds. —

The exclusion of bicycles and mopeds from the definition of “motor vehicle” eliminated the requirements of registration and operators’ licenses for mopeds but did not alter their status as self-propelled machinery or equipment under former § 46.1-350(a) [see now § 46.2-301 ]. Diggs v. Commonwealth, 6 Va. App. 300, 369 S.E.2d 199, 4 Va. Law Rep. 2793, 1988 Va. App. LEXIS 54 (1988).

Person whose operator’s license suspended or revoked may not drive moped on public highway. Diggs v. Commonwealth, 6 Va. App. 300, 369 S.E.2d 199, 4 Va. Law Rep. 2793, 1988 Va. App. LEXIS 54 (1988).

III.Business District.

“Business district”; “residence district.” —

The factor which determines the nature of the district is the occupied frontage on both sides (now either side) of the highway. If seventy-five percent or more of the total frontage, on both sides (now either side) of the highway, . . . is occupied by [land and] buildings actually in use and operation for business purposes, it is a business district. If seventy-five percent or more of the total frontage, on both sides (now either side) of the highway, is mainly occupied by dwellings or by dwellings and [land or] buildings in use for business purposes, it is a residence district. The phrase “territory contiguous to a highway” means the territory lying along and adjoining the highway. Independent Cab Ass'n v. LaTouche, 197 Va. 367 , 89 S.E.2d 320, 1955 Va. LEXIS 230 (1955).

The determinative factor in the definition is the percentage of the frontage which is “occupied” or covered by buildings devoted to the stated purposes. Thus, in determining whether seventy-five percent of the total frontage is so “occupied,” the total frontage of the buildings is to be considered because to that extent the frontage is “occupied” or covered by such buildings. But open spaces between the buildings fronting on a street or highway are not to be considered because they are not “occupied” by such buildings within the meaning of the definition. Thoms v. Dowdy, 201 Va. 581 , 112 S.E.2d 868, 1960 Va. LEXIS 132 (1960).

Equal rights and mutual duties. —

Where accident did not occur in a business or residential district, as defined in this section, the right of the plaintiff and the defendant to the use of the highway was equal and their duties mutual and reciprocal. Sanford v. Mosier, 201 Va. 358 , 111 S.E.2d 283, 1959 Va. LEXIS 235 (1959).

IV.Farm Tractor.

“Farm tractor.” —

In defining “farm tractor” the General Assembly has seen fit to require two criteria; namely, that the vehicle be both “designed” and “used” for the enumerated purposes. In this context the word “designed” means “planned or constructed” for the purpose of drawing plows, mowing machines or other farm, agricultural or horticultural machinery and implements. Triplett v. Commonwealth, 212 Va. 649 , 186 S.E.2d 16, 1972 Va. LEXIS 224 (1972).

Ordinary pickup truck held not a farm tractor. —

An ordinary pickup truck, since it was not planned or constructed for the enumerated purposes in the paragraph defining “Farm tractor” was not a farm tractor within the meaning of the exemption established under former § 46.1-387.8 [see now § 46.2-357]. Triplett v. Commonwealth, 212 Va. 649 , 186 S.E.2d 16, 1972 Va. LEXIS 224 (1972).

V.Financial Responsibility.

Collision involving one insured and two uninsured vehicles. —

An automobile liability insurer was not liable, under § 38.2-2206 and the paragraph defining “Financial responsibility”, on a policy containing the required uninsured motorist endorsement, for any amount in excess of the agreed limit of coverage set out in its policy, where the insured automobile was struck simultaneously by two uninsured vehicles. State Farm Mut. Auto. Ins. Co. v. Drewry, 191 F. Supp. 852, 1960 U.S. Dist. LEXIS 4690 (W.D. Va. 1960), aff'd, 316 F.2d 716, 1963 U.S. App. LEXIS 5509 (4th Cir. 1963).

Coverage liability of insurer defined. —

Read together, subsection A of § 38.2-2206 and the paragraph defining “Financial responsibility” define the quantum and quality of the coverage liability imposed upon an insurer. The latter section fixes the minimum monetary coverage; the former section restricts coverage to “damages.” Nationwide Mut. Ins. Co. v. Finley, 215 Va. 700 , 214 S.E.2d 129, 1975 Va. LEXIS 213 (1975).

VI.Highway.

“Highway” is not confined to the hard-surfaced portion of a road but to the “way or place of whatever nature” which is “open to the use of the public for purposes of vehicular travel,” and this includes the shoulders as well as the hard surface of the road. Jessee v. Slate, 196 Va. 1074 , 86 S.E.2d 821, 1955 Va. LEXIS 180 (1955).

The meaning of “highway” is not limited to a hard-surfaced or partly hard-surfaced way or a dirt and gravel way. A highway is not merely the main-travelled portion of the way or a lane specifically designated for vehicular traffic. No exception is made as to the shoulders or slopes of a way. The paving of a way does not make it a “highway.” The true test is whether the “way or place of whatever nature” is “open to the use of the public for purposes of vehicular travel.” Crouse v. Pugh, 188 Va. 156 , 49 S.E.2d 421, 1948 Va. LEXIS 154 (1948); Prillaman v. Commonwealth, 199 Va. 401 , 100 S.E.2d 4, 1957 Va. LEXIS 204 (1957).

Where there was evidence that the streets around a thirty-building apartment complex were accessible to the public, this would give rise to a prima facie presumption that the streets around the complex were “highways” within the definition of the paragraph defining “Highways.” Kay Mgt. Co. v. Creason, 220 Va. 820 , 263 S.E.2d 394, 1980 Va. LEXIS 173 (1980).

Test for determining whether a way is a “highway” depends upon the degree to which the way is open to public use for vehicular traffic. Furman v. Call, 234 Va. 437 , 362 S.E.2d 709, 4 Va. Law Rep. 1278, 1987 Va. LEXIS 274 (1987).

Proof that road is a “highway.” —

Merely presenting evidence that the public’s access to a road is not blocked by a physical barrier is not sufficient to demonstrate unrestricted access to the public and does not give rise to the presumption that the road is a highway. Caplan v. Bogard, 264 Va. 219 , 563 S.E.2d 719, 2002 Va. LEXIS 77 (2002).

A public highway is a way open to the general public without discrimination, distinction or restriction except to regulate in order to secure to the general public the maximum benefit therefrom and enjoyment thereof. There must be common enjoyment on the one hand and the duty of public maintenance on the other. It is the right of travel by everyone and not the exercise of the right that establishes a way as a public highway. Prillaman v. Commonwealth, 199 Va. 401 , 100 S.E.2d 4, 1957 Va. LEXIS 204 (1957).

Defendant could not be convicted of driving with a suspended license under § 46.2-301 because the alleged offense occurred on a posted access road at the entrance to a government facility and thus the road was not open for public use and was not a highway. United States v. Smith, 395 F.3d 516, 2005 U.S. App. LEXIS 1330 (4th Cir. 2005).

Roads around and in condominium complex held “highway.” —

Where the evidence was undisputed that the roads around and in the condominium complex had always been open to the public twenty-four hours a day, seven days a week and access by the public had never been denied by guards, gates, or any other device, the only signs reading “Private Property, No Solicitation,” and the purpose of the signs clearly being to prohibit soliciting, not the entry of motor vehicles operated by members of the public, the area was a “highway” within the meaning of the paragraph defining that term. Furman v. Call, 234 Va. 437 , 362 S.E.2d 709, 4 Va. Law Rep. 1278, 1987 Va. LEXIS 274 (1987).

Military base road was held to be a highway. —

Where defendant’s vehicle struck a barricade near a military base’s gate, defendant’s conviction for operating a motor vehicle on a Virginia highway after having been determined an habitual offender was upheld because the road within the base was a highway since members of the public were free to drive on the roads, provided they met the conditions posted on the roadway signs prior to entry. United States v. Scott, 188 Fed. Appx. 213, 2006 U.S. App. LEXIS 16899 (4th Cir. 2006).

Stretch of road between a naval base gate and a drive was open to the public’s use for the purposes of vehicular travel and was thus a “highway” under § 46.2-100 ; thus, defendant’s conviction under the Assimilative Crimes Act for driving a motor vehicle on a Virginia highway with a suspended or revoked license was affirmed. United States v. Hill, 473 F.3d 112, 2007 U.S. App. LEXIS 451 (4th Cir. 2007).

United States Marine Corps base road was a highway, because the road was open to the public for purposes of vehicular traffic, there was a town within the base, and the requirement that base visitors produce a valid operator’s license, registration, and proof of insurance was a minimal restriction that did not render the base roads inaccessible to public use. United States v. Daniels, 471 F. Supp. 2d 634, 2007 U.S. Dist. LEXIS 5824 (E.D. Va. 2007), aff'd, 267 Fed. Appx. 228, 2008 U.S. App. LEXIS 1282 (4th Cir. 2008).

Road leading to the entrance of a federal facility. —

Road leading to the entrance to a federal facility, which was open to the use of the public upon inspection of identification, and which was not limited to business invitees of the federal government, was open to the use of the public, and thus, an indictment charging defendant with operating a motor vehicle on a highway while her driving privileges were suspended and of operating a motor vehicle on a highway without a valid operator’s license was erroneously dismissed. United States v. Spencer, 422 F. Supp. 2d 589, 2005 U.S. Dist. LEXIS 41423 (E.D. Va. 2005).

Apartment complex parking lot. —

Parking lot of apartment complex was not a “highway” for purposes of implied consent statute. White v. City of Lynchburg, No. 0591-99-3 (Ct. of Appeals Feb. 15, 2000).

Shopping center parking lot. —

A road within a shopping center parking lot, which although privately owned was marked as a two-lane roadway, was governed by signs for traffic control, and was open to the public at all times was a “highway of the Commonwealth”. Underwood v. Commonwealth, 2000 Va. App. LEXIS 432 (Va. Ct. App. June 13, 2000).

Freight-yard road held a highway. —

A freight-yard road, though not a state or county road, which was “open to the use of the public for the purpose of vehicular travel” and was much used by the public in going to and from the railroad freight-yard and the plants situated along it, clearly came within the definition of a “highway” as distinguished from a “private road or driveway.” Morris v. Dame's Ex'r, 161 Va. 545 , 171 S.E. 545 (1933).

But not premises of service station. —

The premises of a service station are open to the public upon invitation of the proprietor, which invitation he may terminate or limit at will. Obviously, the premises of a service station are not “open to the use of the public for purposes of vehicular travel” under the paragraph defining “highway.” Walton v. Stephens, 119 F. Supp. 1, 1954 U.S. Dist. LEXIS 4341 (D. Va. 1954).

A privately owned lot used in connection with the operation of a service station is not a “highway.” Prillaman v. Commonwealth, 199 Va. 401 , 100 S.E.2d 4, 1957 Va. LEXIS 204 (1957).

Convenience store parking lot not “highway.” —

The test for determining whether a way is a “highway” depends upon the degree to which the way is open to public use for vehicular traffic and a convenience store parking lot, which was privately owned and which was only accessible to the public in connection with the owner’s business invitation, was not a “highway” for purposes of this section. Roberts v. Commonwealth, 28 Va. App. 401, 504 S.E.2d 890, 1998 Va. App. LEXIS 515 (1998).

Restaurant parking lot not “highway.” —

A restaurant parking lot was not a highway where no evidence proved that the parking lot was open to the use of the public for purposes of vehicular traffic. Edwards v. City of Virginia Beach, 2001 Va. App. LEXIS 522 (Va. Ct. App. Sept. 25, 2001).

The private parking lot of a restaurant, including its entrance, was not a “highway” pursuant to § 46.2-100 , and hence the trial court committed reversible error by holding that the accident at issue occurred at an “intersection of highways,” and by granting instructions which imposed a duty upon plaintiff that otherwise would not have existed, namely the duty not to pass a vehicle proceeding in the same direction at the intersection of two highways. Caplan v. Bogard, 264 Va. 219 , 563 S.E.2d 719, 2002 Va. LEXIS 77 (2002).

“Private road.” —

“No Trespassing” signs conspicuously posted at every entrance to a privately owned apartment complex could only have been interpreted as explicitly prohibiting the public from accessing the entire complex, including the privately owned roads located therein, and thus, defendant was able to show that the road on which he was stopped was not opened to the use of the public for any purpose, including vehicular travel, and rebut the presumption that the road was a highway pursuant. Kim v. Commonwealth, 293 Va. 304 , 797 S.E.2d 766, 2017 Va. LEXIS 59 (2017).

Road was “highway” as defined in this section. —

Where evidence proved that appellant drove into a ditch alongside a parking lot, and where evidence demonstrated that road upon which appellant travelled when deputy approached him was open for use by the public, and it provided unrestricted vehicular access to a store and campground from a thoroughfare, the road was a “highway” as defined in this section, and Virginia’s implied consent statute applied to appellant when he drove upon it. Murray v. Commonwealth, No. 2142-96-4 (Ct. of Appeals Nov. 4, 1997).

Evidence was sufficient to prove that defendant drove on a public highway where he was parked on the side of the only road leading to the federal facility and had not gained entry at the gate leading to the secured portion of the facility. Campbell v. Commonwealth, 39 Va. App. 180, 571 S.E.2d 906, 2002 Va. App. LEXIS 681 (2002).

Although defendant claimed that the road on which he was driving within the special territorial jurisdiction of the United States was not a Virginia “highway,” as required by the substantive Virginia offenses, because defendant was able to traverse the road on which he was driving without confronting barriers or any other impediments at the time of the offense, the instant court followed its previous decision involving the same road and concluded that the road in question was a Virginia “highway.” United States v. Faison, No. 06-4332, 2007 U.S. App. LEXIS 23298 (4th Cir. Oct. 4, 2007).

Road not “highway.” —

Road, which was completely and indefinitely closed to the public due to hurricane damage, where defendant was stopped in his vehicle by law enforcement officers was not a highway under § 46.2-100 and did not support his convictions for driving while his license was suspended or revoked and driving as a habitual offender. United States v. Adams, 426 F.3d 730, 2005 U.S. App. LEXIS 22738 (4th Cir. 2005).

Implied consent statute had no applicability, and defendant was not required to submit a breath sample, because the road where an officer found defendant in a parked vehicle could not meet the statutory definition of highway; the presence of “No Trespassing” signs at every vehicular entry point to the apartment complex where the road was located established that the road was not open to the use of the public, and thus, defendant rebutted the presumption that the road a highway. Kim v. Commonwealth, 293 Va. 304 , 797 S.E.2d 766, 2017 Va. LEXIS 59 (2017).

To meet the statutory definition of highway under the statute, a “way or place” must be open to the use of the public for purposes of vehicular travel. Kim v. Commonwealth, 293 Va. 304 , 797 S.E.2d 766, 2017 Va. LEXIS 59 (2017).

Classification of parking lots. —

Where driver had only operated vehicle in parking lots of sporting goods store and repair business which were not open to the public at all times, the parking lots upon which driver transversed were improperly classified as “highways” under this section. Flinchum v. Commonwealth, 24 Va. App. 734, 485 S.E.2d 630, 1997 Va. App. LEXIS 333 (1997).

By defining “highway” to include private parking areas at residential developments containing 100 or more lots or residential dwelling units, a county expanded the scope of the limited authority granted to it by § 46.2-1307 , because a “residential dwelling unit” was not necessarily equivalent to a “lot.” While an apartment building might be located on a “lot,” the living units within that building were not themselves “lots.” Eberth v. County of Prince William, 49 Va. App. 105, 637 S.E.2d 338, 2006 Va. App. LEXIS 545 (2006).

Appellant was erroneously convicted of driving on a suspended driver’s license after multiple convictions for driving while intoxicated, because appellant’s limited act of driving occurred while she was backing out of a marked parking space in a strip mall parking lot and such act did not constitute driving on a “highway” within the meaning of § 46.2-100 , but rather occurred in a “private road or driveway” as defined in § 46.2-100 ; the parking lot was posted with multiple “no loitering,” “no alcohol,” and “no trespassing” signs and was for the implied use of the patrons of the mall’s businesses. Villareal v. Commonwealth, 2013 Va. App. LEXIS 150 (Va. Ct. App. May 14, 2013).

“Clear view of the highway.” —

Because a “highway” includes the entire width between the boundary lines of the way or place used by vehicular traffic, it includes overhead highway signs, on-ramps and off-ramps, merge lanes, deceleration lanes, roadways, bridges, intersections, shoulders, pedestrian crosswalks, and shared-use paths; thus, a “clear view of the highway,” as used in § 46.2-1054 , means the pavement itself and everything physically on it. Mason v. Commonwealth, 64 Va. App. 292, 767 S.E.2d 726, 2015 Va. App. LEXIS 35 (2015), aff'd, 291 Va. 362 , 786 S.E.2d 148, 2016 Va. LEXIS 59 (2016).

Ordinance was not invalid which had references to former section. —

Where defendant argued that the continued reference in ordinance to former § 46.1-1 , after its repeal, failed to designate properly the “private” subdivision streets as “highways” under recodified § 46.2-100 , and where, because defendant’s operation of a motor vehicle on the “highways of the Commonwealth” was a necessary element to the offense, he urged the court of appeals to reverse conviction, defendant’s analysis ignored Chapter 727 of the Acts of Assembly (1989) that enacted Title 46.2 which provided that whenever any of the contents of any section of Title 46.1 are transferred in the same form to a new section of this title and given a new number, all references to any such former section shall be construed to apply to the new or renumbered section; it was, therefore, unnecessary to amend otherwise valid local ordinances that referenced “any section” within former Title 46.1 simply to reflect the transfer or renumbering within Title 46.2 of such referenced section. Kite v. Commonwealth, No. 1207-91-2 (Ct. of Appeals Sept. 1, 1992).

Road in national forest was highway. —

Location where the officer observed defendant driving, located on federal land in a national forest, was a “highway,” and thus, the evidence was sufficient to support defendant’s conviction for driving after being declared a habitual offender, second offense. Bledsoe v. Commonwealth, 2018 Va. App. LEXIS 149 (Va. Ct. App. June 5, 2018).

VII.Intersection.

“Intersection.” —

The definition of intersection given by former § 46-1 covered two highways which crossed each other where on one highway there was a “central parkway” which was an isle of neutral ground separating two lanes of traffic. Brown v. Wallace, 184 Va. 570 , 35 S.E.2d 793, 1945 Va. LEXIS 177 (1945).

The “T” formed by the junction of two roads is an intersection within the meaning of the paragraph “Intersection.” Moore v. Warren, 203 Va. 117 , 122 S.E.2d 879, 1961 Va. LEXIS 229 (1961).

The meeting of two streets at an angle, although one stops at and does not cross the other, constitutes an “intersection” within the meaning of the paragraph defining “Intersection.” Brown v. Arthur, 202 Va. 624 , 119 S.E.2d 315, 1961 Va. LEXIS 155 (1961).

Duty of reasonable care may require that driver stop in median. —

Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. Where the evidence does not establish that the median strip was 30 feet or more in width, there is only one intersection. The implication of this is that the driver is not required by former § 46.1-223 (now see § 46.2-826 ) to stop in the median strip. However, his common-law duty to exercise reasonable care in the operation of his motor vehicle may require that he do so. Tubman v. Commonwealth, 3 Va. App. 267, 348 S.E.2d 871, 3 Va. Law Rep. 838, 1986 Va. App. LEXIS 361 (1986).

VIII.Nonresident.

As to the possible effect of the Soldiers’ and Sailors’ Civil Relief Act (50 App., U.S.C. § 574) upon the definition of “nonresident,” see Whiting v. City of Portsmouth, 202 Va. 609 , 118 S.E.2d 505, 1961 Va. LEXIS 152 (1961), disapproved, California v. Buzard, 382 U.S. 386, 86 S. Ct. 478, 15 L. Ed. 2d 436, 1966 U.S. LEXIS 2528 (1966).

IX.Operator.

The word “operate” is not defined in former § 18.1-54 [see now § 18.2-266 ], but the word “operator” means, in part, in the paragraph defining that term “every person who drives or is in actual physical control of a motor vehicle,” and this definition is approved for the purpose of determining whether one “operates” a motor vehicle within the meaning of former § 18.1-54. Nicolls v. Commonwealth, 212 Va. 257 , 184 S.E.2d 9, 1971 Va. LEXIS 343 (1971).

One who “operates” a vehicle is a person who “drives or is in actual physical control of a motor vehicle.” Rosenbaum v. Commonwealth, 12 Va. App. 61, 402 S.E.2d 498, 7 Va. Law Rep. 1870, 1991 Va. App. LEXIS 41 (1991).

Person may “operate” an inoperable vehicle. —

The contention that a defendant cannot be convicted of operating an inoperable vehicle is without merit, since a motor vehicle means, in the paragraph defining that term, “every vehicle as herein defined which is self-propelled or designed for self-propulsion.” Nicolls v. Commonwealth, 212 Va. 257 , 184 S.E.2d 9, 1971 Va. LEXIS 343 (1971).

The language of this section is to be construed to mean that a vehicle need not be functional in the sense of being able to move from place to place in order to be “operated.” Keesee v. Commonwealth, 32 Va. App. 263, 527 S.E.2d 473, 2000 Va. App. LEXIS 295 (2000).

No bright line rule for “operating” or “driving.” —

Neither the court of appeals or the state supreme court has fashioned a bright line rule that a vehicle’s motor must be running or its ignition switch must be in the “on” position for a defendant to be convicted of driving or operating a motor vehicle while intoxicated in violation of § 18.2-266 . Propst v. Commonwealth, 24 Va. App. 791, 485 S.E.2d 657, 1997 Va. App. LEXIS 344 (1997).

Person whose operator’s license suspended or revoked may not drive moped on public highway. Diggs v. Commonwealth, 6 Va. App. 300, 369 S.E.2d 199, 4 Va. Law Rep. 2793, 1988 Va. App. LEXIS 54 (1988).

Operator. —

Driver of an uninsured vehicle was an “operator” where the evidence showed that he was driving an uninsured motor vehicle along the interstate when he had a tire blow-out and alighted from the vehicle, went to the trunk of the car to use the spare tire, found it had insufficient air pressure, and walked away from the vehicle carrying the spare, intending to find a service station so the tire could be fully inflated, and after walking approximately 200 feet from the disabled vehicle, driver climbed an embankment and near the top of the embankment he slipped, fell, and dropped the tire and it rolled down the embankment striking the windshield of a bus since the term “operator,” according to the plain language of the policy, identifies the person from whom recovery may be had for injury or damage, and one’s status as “operator” is not relinquished or lost by merely leaving the vehicle. Colonial Ins. Co. v. Rainey, 237 Va. 270 , 377 S.E.2d 393, 5 Va. Law Rep. 1802, 1989 Va. LEXIS 39 (1989) (decided under former § 46.1-1 ).

Defendant did not drive or operate car since key in ignition did not engage. —

Because the presence of the key in the ignition switch in the off position did not engage the mechanical or electrical equipment of the car, the defendant did not “drive or operate” the car within the meaning of the statutes that were incorporated by reference in a city ordinance. Stevenson v. City of Falls Church, 243 Va. 434 , 416 S.E.2d 435, 8 Va. Law Rep. 2775, 1992 Va. LEXIS 37 (1992) (decided under former § 46.1-1 (17)).

X.Owner.

Bank held not an “owner” within the contemplation of former §§ 46.1-2 and 46.1-3 (see now §§ 46.2-1209 , 46.2-1213 , and 46.2-1217 ) where bank was lienholder with the right upon default to exercise all the rights of a secured party under the Uniform Commercial Code as provided in a security agreement. First Virginia Bank v. Sutherland, 217 Va. 588 , 231 S.E.2d 706, 1977 Va. LEXIS 206 (1977).

Debtor became “owner” on day that dealer delivered the automobile. —

For purposes of Virginia motor vehicle law, a debtor became the owner of an automobile on the day the dealer delivered possession of the automobile to the debtor, which is common practice pending approval of financing. The debtor’s ownership on that date was a sufficient acquisition of rights in the collateral for purposes of a transfer in accordance with 11 U.S.C.S. § 547(e)(3). Phillips v. Household Auto. Fin. Corp. (In re Berzito), No. 03-42049-DOT, No. 04-03046-DOT, 2005 Bankr. LEXIS 279 (Bankr. E.D. Va. Jan. 24, 2005).

XI.Residence District.

The purpose of the paragraph defining “Residence district” and former § 46.1-193(1)(g) (see now § 46.2-874 ) is to restrict speed on a road where seventy-five percent of the frontage on either side is built up, that is, actually occupied or covered by buildings used or under construction for the stated purposes. Brooks v. Painter, 225 Va. 400 , 302 S.E.2d 66, 1983 Va. LEXIS 236 (1983).

Legislative intent of the paragraph defining “Residence district.” —

The insertion of the phrase “and land improved for dwelling purposes” may have been intended to bring under the protection of the statute residential sites or subdivisions which are under construction, for the protection of workmen and others entering and leaving the sites. Partially completed houses in such a situation could not yet be characterized as “dwellings,” but the land under them would be “improved for dwelling purposes.” Brooks v. Painter, 225 Va. 400 , 302 S.E.2d 66, 1983 Va. LEXIS 236 (1983).

By inserting “and land improved for dwelling purposes,” the General Assembly did not intend a construction under which all land contiguous, appurtenant, and used in connection with dwellings, i.e., the curtilage, should be considered. This view would require a driver approaching an unfamiliar area, not posted by speed limit signs, to determine what percentage of the land surrounding dwellings was in actual use as curtilage, and to adjust his speed accordingly before arrival. The distance between the dwellings would be immaterial. How this could be accomplished at night, or in conditions of poor visibility, is unexplained. The speed laws not only create civil duties, but are also penal in nature. It is axiomatic that a citizen must be given a fair opportunity to determine from the facts as they appear, before engaging in a proposed course of action, whether it will be unlawful. Brooks v. Painter, 225 Va. 400 , 302 S.E.2d 66, 1983 Va. LEXIS 236 (1983).

XII.Trailer.

“Trailer.” —

The definition of a “trailer” as a term in an insurance policy is not necessarily controlled by that given in the Motor Vehicle Code. However, some jurisdictions have resorted to the Motor Vehicle Code for such definition for want of a better one. Safeguard Ins. Co. v. Justice, 203 Va. 972 , 128 S.E.2d 286, 1962 Va. LEXIS 246 (1962).

Under the definition of “trailer”, a towed racing automobile is not a “trailer.” Safeguard Ins. Co. v. Justice, 203 Va. 972 , 128 S.E.2d 286, 1962 Va. LEXIS 246 (1962).

A distinction is drawn between motor vehicles, trailers and semitrailers in almost every section of the motor vehicle laws. Welborn v. Wyatt, 175 Va. 163 , 7 S.E.2d 99, 1940 Va. LEXIS 158 (1940).

XIII.Operation or Use For Rent or For Hire.

“For hire” vehicles. —

The vehicles operated by a firm in transporting its customers’ waste materials (garbage, debris, refuse, and trash) to landfills for disposal are “for hire” vehicles within the meaning of the paragraph defining “Operation or use for rent or for hire,” and former § 46.1-160 (see now § 46.2-724 ). Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157 , 300 S.E.2d 603, 1983 Va. LEXIS 202 (1983).

Industrial waste, regardless of its economic value, is property within the purview of the paragraph defining “Operation or use for rent or for hire.” Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157 , 300 S.E.2d 603, 1983 Va. LEXIS 202 (1983).

Where a firm contracts to take possession of solid waste on the premises of its customers and dispose of it by transportation over public highways to sites where it can be economically destroyed, the critical factor in this operation is the service performed in collecting and disposing of the waste, not the ownership of the debris. It “receives compensation for the service” only because it exercises the privilege of using the public highways, and part of that compensation is fairly attributable to that use. Ownership of the economic waste is not controlling. Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157 , 300 S.E.2d 603, 1983 Va. LEXIS 202 (1983); Graybeal v. Commonwealth, 228 Va. 736 , 324 S.E.2d 698, 1985 Va. LEXIS 169 (1985).

CIRCUIT COURT OPINIONS

Construction. —

Moped is a vehicle for Fourth Amendment purposes, and in light of the definitional differences between §§ 46.2-100 and 18.2-266 , any Virginia statutory provision defining a moped vis a vis a motor vehicle is limited to that particular statute; any such statutory definition was inapplicable because the issue involved defendant’s rights under the United States Constitution. Commonwealth v. Stallings, 95 Va. Cir. 414, 2017 Va. Cir. LEXIS 75 (Norfolk May 1, 2017).

Bicycles and mopeds. —

Because Norfolk City, Va., Zoning Code § 6-1.2’s definition of a “moped” as an “automobile” was consistent with the definition of “vehicles” in § 46.2-100 and Norfolk City Code § 25-2, the Board of Zoning Appeals did not err in finding that an owner was in violation of § 6-1.2 for selling mopeds in a C-1 zoning district. Coston v. Norfolk Bd. of Zoning Appeals, 81 Va. Cir. 152, 2010 Va. Cir. LEXIS 285 (Norfolk Sept. 1, 2010).

“Operator” of vehicle. —

Defendant operated a motor vehicle while intoxicated because defendant sat in the driver’s seat of defendant’s automobile when admittedly intoxicated, put the key in the ignition, and rotated the key, thereby illuminating the car’s headlights without starting the vehicle’s engine. Commonwealth v. Reid, 99 Va. Cir. 362, 2018 Va. Cir. LEXIS 124 (Norfolk July 17, 2018).

Highway. —

Roadways in a subdivision were highways for law-enforcement purposes because a repealed Virginia Code title was immediately reenacted by the Virginia Legislature as a different title without substantial change, thus maintaining a lawfully enacted ordinance by the county board of supervisors that designated private roads as highways. Commonwealth v. Taylor, 2019 Va. Cir. LEXIS 201 (Greene County May 29, 2019).

Because the county board of supervisors declared the roadways within the subdivision as highways at the request of the subdivision, the roads were highways for law enforcement purposes. Commonwealth v. Taylor, 102 Va. Cir. 190, 2019 Va. Cir. LEXIS 1198 (Greene County May 29, 2019).

Townhome complex where defendant was arrested was a highway for the purposes of the implied consent law because a discrete restriction that only prohibited vehicles intending to use the complex to park in the townhome community for the convenient access of an adjacent ballfield, while at the same time allowing for access by every other member of the public for any other purpose (including travel on the road) illustrated a broad degree of openness for public use. Commonwealth v. Aragon, 2021 Va. Cir. LEXIS 124 (Loudoun County Apr. 28, 2021).

Shopping center parking lot. —

Evidence rebutted a presumption that a parking lot was a public highway where the lot was clearly designed to facilitate entrance to and egress from a store, ample signage made clear that the owners of the parking lot offered it to patrons alone, the owners exercised their right to revoke permission to park on the lot, and the lot was accessible 24 hours a day and the store was open for business commensurately; evidence did not lead to a conclusion that the owners of the roadway could not or would not close their doors and bar the public from vehicular traffic at will. Commonwealth v. Wood, 73 Va. Cir. 333, 2007 Va. Cir. LEXIS 215 (Charlottesville May 9, 2007).

Roads within subdivision. —

Officer possessed a reasonable suspicion to stop the riding lawn mower because defendant operated it on a curve in the roadway of the subdivision, which roadways were highways for law enforcement purposes, while holding a beer in violation of statute, the riding mower lacked required flagging on the back, defendant failed to drive to the right side of the highway as required, and reasonable suspicion existed to believe that he littered by discarding beer cans on private property. Commonwealth v. Taylor, 102 Va. Cir. 190, 2019 Va. Cir. LEXIS 1198 (Greene County May 29, 2019).

“Traffic control device.” —

Driver’s failure to obey a highway traffic control device constitutes a traffic infraction, and road markings qualify as a traffic control device; the officer therefore was not mistaken as to a matter of law when he believed that driving straight through a right-turn-only lane was a traffic infraction. Commonwealth v. Johnson, 90 Va. Cir. 127, 2015 Va. Cir. LEXIS 18 (Norfolk Mar. 25, 2015).

“Traffic violation.” —

Motion to dismiss a Fairfax County speeding charge against a defendant was denied since (1) the charge was not a misdemeanor requiring immediate hearing upon his request under § 46.2-936 as the penalty (a fine of up to $200) was less than for the lowest misdemeanor, and traffic infraction is defined as a violation of law punishable as provided in § 46.2-113 , which was neither a felony nor a misdemeanor, and (2) dismissal was not the remedy for a statutory (as opposed to constitutional) violation of § 46.2-936 . Commonwealth v. Towarnicky, 67 Va. Cir. 17, 2005 Va. Cir. LEXIS 30 (Fairfax County Jan. 20, 2005).

In presence of arresting officer. —

Court stated that §§ 18.2-266 , 19.2-81 and 46.2-100 , read together, require that an individual drive or operate, or be in actual physical control of a motor vehicle in the presence of the arresting officer for an arrest to be valid. Commonwealth v. Coakley, 56 Va. Cir. 99, 2001 Va. Cir. LEXIS 446 (Norfolk Mar. 27, 2001).

CASE NOTES

Moped vehicle for Fourth Amendment purposes. —

Moped is a vehicle for Fourth Amendment purposes, and in light of the definitional differences between §§ 46.2-100 and 18.2-266 , any Virginia statutory provision defining a moped vis a vis a motor vehicle is limited to that particular statute; any such statutory definition was inapplicable because the issue involved defendant’s rights under the United States Constitution. Commonwealth v. Stallings, 95 Va. Cir. 414, 2017 Va. Cir. LEXIS 75 (Norfolk May 1, 2017).

OPINIONS OF THE ATTORNEY GENERAL

Traffic laws may be enforced before street is accepted into the secondary system of state highways. —

As a prerequisite to the enforcement of Virginia’s traffic laws, it is not necessary that a street be constructed in accordance with standards established by the Department of Transportation and actually accepted into the secondary system of state highways. See opinion of Attorney General to Mr. Randall R. Hamilton, Town Attorney for the Town of Berryville, 00-018 (10/31/00).

Classification of ScootCoupe Models. —

Under § 46.2-100 , which controls the legal classification of all vehicles, the PS50 would be classified as a “motor vehicle” and the PS150 would be classified as a “motorcycle.” See opinion of Attorney General to Colonel W. S. Flaherty, Superintendent, Department of State Police, 12-067, (3/8/13).

Operation of golf carts and utility vehicles on public highways. —

An institution of higher education within a city may not allow its employees to operate utility vehicles on public highways within the institution’s property limits unless the city has designated and posted the highways for such use following an appropriate review. See opinion of Attorney General to Walter C. Erwin, III, Esquire, City Attorney, City of Lynchburg, No. 14-068, (12/18/14).

Tax exemptions. —

Regarding the tax exemption that became effective July 1, 2016, for “pickups and panel trucks” as defined in § 46.2-100 , for any covered vehicle that was sited in the taxing jurisdiction on January 1, 2016 (before the new tax exemption went into effect), the vehicle remains taxable for the entire year. For any covered vehicle that was not sited in the taxing jurisdiction until after January 1, 2016, the tax exemption is to be pro-rated. Applying the new exemption law in this manner does not violate the constitutional requirement of equal taxation. See opinion of Attorney General to The Honorable Ross A. Mugler, City of Hampton Commissioner of the Revenue, The Honorable Graham P. Wilson, City of Poquoson Commissioner of the Revenue, 16-031, (9/1/16).

Definition of “All-terrain vehicle”. —

Based on definitions in the Virginia Code, some farm utility vehicles and some utility vehicles would also be considered all-terrain vehicles (ATVs). Those farm utility vehicles and utility vehicles that are considered ATVs would be eligible for the exception provided for in § 46.2 915.1, which provides that ATVs being used in conjunction with farming activities may be driven on public highways. See opinion of Attorney General to the Honorable Paul Walther, Commonwealth’s Attorney, Culpeper County, 21-027, 2021 Va. AG LEXIS 36 (12/3/21).

The defining characteristic of all-terrain vehicles (ATVs) is the number of wheels; the definition requires that the vehicle have “three or more wheels.” See opinion of Attorney General to the Honorable Paul Walther, Commonwealth’s Attorney, Culpeper County, 21-027, 2021 Va. AG LEXIS 36 (12/3/21).

§ 46.2-100.1. Certified mail; subsequent mail or notices may be sent by regular mail.

Whenever in this title the Commissioner or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Commissioner or the Department may be sent by regular mail.

History. 2011, c. 566.

§ 46.2-101. Applicability of title to vehicles on certain toll roads and parking facilities.

This title shall apply to any vehicle and any person operating or owning a vehicle operated on any toll facility controlled by the Department of Transportation or any political subdivision of the Commonwealth.

This title shall also apply to any vehicle and any person operating or owning a vehicle operated on or in parking lots, parking garages, or other parking facilities owned, controlled, or leased by the Commonwealth or any of its agencies, instrumentalities, or political subdivisions.

History. 1958, c. 541, § 46.1-21; 1989, c. 727.

Michie’s Jurisprudence.

For related discussion, see 19 M.J. Turnpikes and Tollroads, § 5.

§ 46.2-102. Enforcement by law-enforcement officers; officers to be uniformed; officers to be paid fixed salaries.

State police officers and law-enforcement officers of every county, city, town, or other political subdivision of the Commonwealth shall enforce the provisions of this title punishable as felonies, misdemeanors, or traffic infractions. Additionally, notwithstanding § 52-22 , state police officers may enforce local ordinances, adopted under subsection G of § 46.2-752 , requiring the obtaining and displaying of local motor vehicle licenses. Fifty percent of the revenue collected from such enforcement shall be remitted by the locality to the Department of State Police and disposed of by the Department to cover its costs of operation. Every law-enforcement officer shall be uniformed at the time of the enforcement or shall display his badge or other sign of authority. All officers making arrests incident to the enforcement of this title shall be paid fixed salaries for their services and shall have no interest in, nor be permitted by law to accept the benefit of, any fine or fee resulting from the arrest or conviction of an offender against any provision of this title.

With the consent of the landowner, any such officer or other uniformed employee of the local law-enforcement agency may patrol the landowner’s property to enforce state, county, city, or town motor vehicle registration and licensing requirements.

Any law-enforcement officer may patrol the streets and roads within subdivisions of real property or within a condominium pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq.) or land submitted to a horizontal property regime pursuant to the Horizontal Property Act (§ 55.1-2000 et seq.), which streets and roads are maintained by the owners of the lots or parcels of land within the subdivision or the owners of condominium units within any horizontal property regime or any association of owners, on the request or with the consent of the owners or association of owners, to enforce the provisions of this title punishable as felonies, misdemeanors, or traffic infractions.

History. Code 1950, § 46-14; 1958, c. 541, § 46.1-6; 1972, c. 700; 1975, c. 516; 1980, c. 523; 1989, c. 727; 1995, c. 132.

Editor’s note.

To conform to the recodification of Title 55 by Acts 2019, c. 712, effective October 1, 2019, the following substitution was made at the direction of the Virginia Code Commission: substituted “within subdivisions of real property or within a condominium pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq.) or land submitted to a horizontal property regime pursuant to the Horizontal Property Act (§ 55.1-2000 et seq.)” for “within subdivisions of real property or within land submitted to a horizontal property regime pursuant to Chapter 4.1 (§ 55-79.1 et seq.) or 4.2 (§ 55-79.39 et seq.) of Title 55.”

OPINIONS OF THE ATTORNEY GENERAL

Property owners’ association stopping vehicles. —

A property owners’ association may not compel a vehicle driver to stop, unless done by a local law enforcement agency or by a private security service that is properly licensed by the Department of Criminal Justice Services, and whose employees have also been appointed as conservators of the peace. To enforce traffic laws on privately owned streets, a property owners’ association may request the local law enforcement agency to do so, or the local governing body may designate the private streets as “highways” for law enforcement purposes. See opinion of Attorney General to The Honorable Bryce E. Reeves, Member, Senate of Virginia, No. 13-106, (8/13/14).

§ 46.2-103. Stopping vehicles for inspection or to secure information.

Except as prohibited by § 19.2-59 , on his request or signal, any law-enforcement officer who is in uniform or displays his badge or other sign of authority may:

  1. Stop any motor vehicle, trailer, or semitrailer to inspect its equipment, operation, manufacturer’s serial or engine number; or
  2. Stop any property-carrying motor vehicle, trailer, or semitrailer to inspect its contents or load or to obtain other necessary information.Nothing in this section, however, shall be construed to authorize the establishment on any highway of police check-points where the only vehicles subject to inspection are motorcycles.

History. Code 1950, § 46-16; 1958, c. 541, § 46.1-8; 1989, c. 727; 2012, c. 11.

The 2012 amendments.

The 2012 amendment by c. 11 added the last paragraph.

Law Review.

For note, “Automobile License Checks and the Fourth Amendment,” see 60 Va. L. Rev. 666 (1974).

For article, “Warrantless Searches and Seizures in Virginia,” see 17 U. Rich. L. Rev. 721 (1983).

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 4.

CASE NOTES

Reasonable exercise of police power. —

This section and its implementation by a state highway patrolman with respect to a property carrying vehicle is a reasonable exercise of state police power over the operation of motor vehicles on its highways. Weaver v. Williams, 509 F.2d 884, 1975 U.S. App. LEXIS 16504 (4th Cir. 1975) (decided under prior law).

Inspection is not limited by statutory powers of officer but he may lawfully position himself by any means available to improve his view. Weaver v. Williams, 509 F.2d 884, 1975 U.S. App. LEXIS 16504 (4th Cir. 1975) (decided under prior law).

Plain view search. —

Whether or not inadvertence is an essential element of the orthodox plain view search doctrine is not with respect to a traffic officer on an open highway. “Plain view” in this context means whatever can be seen, whether accidentally or by intentional scrutiny. Weaver v. Williams, 509 F.2d 884, 1975 U.S. App. LEXIS 16504 (4th Cir. 1975) (decided under prior law).

State traffic officer may lawfully testify to anything he discerns in or about a motor vehicle on the highway. Weaver v. Williams, 509 F.2d 884, 1975 U.S. App. LEXIS 16504 (4th Cir. 1975) (decided under prior law).

Location where defendant arrested not included in roadblock plan. —

The mere fact that the location where defendant was arrested was not included in the roadblock plan effected only a minor, insubstantial deviation from compliance with the overall town plan, and did not render the checkpoint unconstitutionally impermissible. Sheppard v. Commonwealth, 25 Va. App. 527, 489 S.E.2d 714, 1997 Va. App. LEXIS 565 (1997).

§ 46.2-104. Possession of registration cards; exhibiting registration card and licenses; failure to carry license or registration card.

The operator of any motor vehicle, trailer, or semitrailer being operated on the highways in the Commonwealth shall have in his possession: (i) the physical registration card issued by the Department or the registration card issued by the state or country in which the motor vehicle, trailer, or semitrailer is registered and (ii) his driver’s license, learner’s permit, or temporary driver’s permit.

The owner or operator of any motor vehicle, trailer, or semitrailer shall stop on the signal of any law-enforcement officer who is in uniform or shows his badge or other sign of authority and shall, on the officer’s request, exhibit his registration card, driver’s license, learner’s permit, or temporary driver’s permit and write his name in the presence of the officer, if so required, for the purpose of establishing his identity.

Every person licensed by the Department as a driver or issued a learner’s or temporary driver’s permit who fails to carry his license or permit, and the registration card for the vehicle which he operates, is guilty of a traffic infraction and upon conviction punished by a fine of $10. However, if any person summoned to appear before a court for failure to display his license, permit, or registration card presents, before the return date of the summons, to the court a license or permit issued to him prior to the time the summons was issued or a registration card, as the case may be, or appears pursuant to the summons and produces before the court a license or permit issued to him prior to the time the summons was issued or a registration card, as the case may be, he shall, upon payment of all applicable court costs, have complied with the provisions of this section.

History. Code 1950, §§ 46-15, 46-80; 1958, c. 541, § 46.1-7; 1964, c. 205; 1972, c. 362; 1978, cc. 500, 605; 1984, c. 780; 1988, c. 74; 1989, c. 727; 2008, cc. 551, 691; 2009, c. 756; 2022, c. 183.

The 2008 amendments.

The 2008 amendments by cc. 551 and 691 are identical, and substituted “magistrate serving the county” for “magistrate of the county” in the last sentence of the last paragraph.

The 2009 amendments.

The 2009 amendment by c. 756, in the last sentence of the last paragraph, deleted “to the officer issuing the summons or a magistrate serving the county or city in which the summons was issued” following “registration card presents” and inserted “to the court” following “return date of the summons” and “upon payment of all applicable court costs” preceding “have complied.”

The 2022 amendments.

The 2022 amendment by c. 183 inserted “physical” in the first paragraph in clause (i); substituted “is” for “shall be” in the third paragraph in the first sentence; and made stylistic changes.

Law Review.

For comment, “Road Blocks to Inspect Drivers’ Licenses,” see 20 Wash. & Lee L. Rev. 386 (1963).

For note, “Automobile License Checks and the Fourth Amendment,” see 60 Va. L. Rev. 666 (1974).

For article, “Warrantless Searches and Seizures in Virginia,” see 17 U. Rich L. Rev. 721 (1983).

CASE NOTES

Request for license. —

Defendant’s motion to suppress was properly denied because the initial encounter between the sheriff’s deputy and defendant was entirely consensual. Because the deputy did not use a police signal (defendant was parked), the deputy’s request to see defendant’s driver’s license was no more than a request, and defendant’s compliance was voluntary and not coerced. Branham v. Commonwealth, 283 Va. 273 , 720 S.E.2d 74, 2012 Va. LEXIS 18 (2012).

Production of license restricts one’s freedom of movement. —

The exercise of police power pursuant to this section, and the act of requiring a person who has been operating a motor vehicle upon the public highways to produce an operator’s license, is a restraint upon the individual’s freedom of movement and constitutes a seizure of the person. Brown v. Commonwealth, 17 Va. App. 694, 440 S.E.2d 619, 10 Va. Law Rep. 887, 1994 Va. App. LEXIS 64 (1994).

What constitutes “seizure.” —

Where an individual is seated in a parked vehicle, a request by a police officer for a driver’s license and registration does not transform a consensual encounter into a seizure. But where an officer observes a defendant operating a vehicle and thus, under this section, the driver is required to exhibit his license and registration upon police request, the request for such documents by the police constitutes a seizure. Cogan v. Commonwealth, No. 1751-96-2 (Ct. of Appeals May 27, 1997).

Defendant was not seized in violation of U.S. Const., Amend. IV, when an officer approached him in a casual and non-threatening manner and asked for identification. The officers did not issue a command to defendant to stop and produce a driver’s license pursuant to § 46.2-104 ; thus, there was no exercise of police power. Allen v. Commonwealth, 2011 Va. App. LEXIS 146 (Va. Ct. App. May 3, 2011).

Request for license not a seizure. —

Trial court erred when it concluded that this section rendered the officer’s request for a driver’s license a seizure, as the encounter was initially consensual, and the evidence was not obtained until after the officers had a reasonable suspicion to believe defendant had violated this section and after the officers learned that he had outstanding arrest warrants. Any evidence recovered from his person at that point was admissible as it was obtained during a search incident to a lawful arrest. Commonwealth v. Mayo, 2017 Va. App. LEXIS 113 (Va. Ct. App. Apr. 25, 2017).

Sobriety checkpoint. —

The seizure of defendant upon the initial stop at a license and sobriety checkpoint in question was constitutionally valid, where uniformed police officers, wearing reflector vests, were assigned to the scene, the area and the warning sign were well-lighted, there were two marked police vehicles present with red lights flashing, the geography of the site permitted adequate space for the momentary initial detention to check licenses and to afford space for vehicles, whose operators required further evaluation, to pull aside, the officers at the checkpoint had no discretion regarding which vehicles to stop and every southbound vehicle was halted, if congestion occurred, vehicles were permitted to move through the checkpoint until the congestion cleared, and the police endeavored to detain a motorist no more than 30 seconds for the license check. Balancing the state’s strong interest in protecting the public from the grave risk presented by drunk drivers, against the minimal inconvenience caused motorists approaching the roadblock, the action of the police was not an impermissible infringement upon defendant’s reasonable expectation of privacy. Lowe v. Commonwealth, 230 Va. 346 , 337 S.E.2d 273, 1985 Va. LEXIS 286 (1985), cert. denied, 475 U.S. 1084, 106 S. Ct. 1464, 89 L. Ed. 2d 720, 1986 U.S. LEXIS 904 (1986) (decided under prior law).

Police officers were authorized to seek defendant’s identification, where they saw him and others engaged in a drug transaction and stopped the vehicle he was driving. Smith v. Commonwealth, No. 0138-89-2 (Ct. of Appeals Oct. 16, 1990).

Trooper had an articulable and reasonable suspicion, where defendant switched drivers and made a U-turn after seeing checkpoint which justified trooper following defendant and requesting that he exhibit his operator’s license, accordingly, seizure of defendant was lawful. Brown v. Commonwealth, 17 Va. App. 694, 440 S.E.2d 619, 10 Va. Law Rep. 887, 1994 Va. App. LEXIS 64 (1994).

Where defendant’s van was blocked in a private driveway by a police vehicle and he voluntarily answered police officer’s questions concerning his operator’s permit, defendant’s “freedom of action” was not restrained to any greater extent than that of drivers detained during routine traffic stops pursuant to this section. Stroud v. Commonwealth, 6 Va. App. 633, 370 S.E.2d 721, 5 Va. Law Rep. 116, 1988 Va. App. LEXIS 76 (1988) (decided under prior law).

Location where defendant arrested not included in roadblock plan. —

The mere fact that the location where defendant was arrested was not included in the roadblock plan effected only a minor, insubstantial deviation from compliance with the overall town plan, and did not render the checkpoint unconstitutionally impermissible. Sheppard v. Commonwealth, 25 Va. App. 527, 489 S.E.2d 714, 1997 Va. App. LEXIS 565 (1997).

CIRCUIT COURT OPINIONS

What constitutes “seizure.” —

Defendant was unconstitutionally seized where an officer observed defendant driving without wearing a seat belt, defendant buckled his belt and then turned into a parking lot, and the officer followed, calling out to defendant and inquiring about his driver’s license. The exercise of police power pursuant to § 46.2-104 was a restraint upon defendant’s freedom of movement and constituted a seizure of defendant’s person. Commonwealth v. Fuller, 78 Va. Cir. 273, 2009 Va. Cir. LEXIS 166 (Roanoke Apr. 20, 2009).

§ 46.2-105. Making false affidavit or swearing falsely, perjury.

Any person who knowingly makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by this title or the Commissioner incidental to his administration of this title to be sworn to or affirmed shall be guilty of perjury.

History. Code 1950, § 46-66; 1958, c. 541, § 46.1-15; 1989, c. 727.

§ 46.2-105.1. Unlawful procurement of certificate, license, or permit; unauthorized possession of examination or answers; unlawful distribution of false operator’s license; penalty.

  1. It shall be unlawful:
    1. For any person to procure, or assist another to procure, through theft, fraud, or other illegal means, a certificate, license, or permit, from the Department;
    2. For any person, other than an authorized agent of the Department, to procure or have in his possession or furnish to another person, prior to the beginning of an examination, any question intended to be used by the Department in conducting an examination;
    3. For any person to receive or furnish to any person taking an examination, prior to or during an examination, any written or printed material purporting to be answers to questions intended to be used by the Department in conducting an examination;
    4. For any person to communicate by any means to any person taking an examination, during an examination, any information purporting to be answers to questions intended to be used by the Department in conducting an examination;
    5. For any person to attempt to procure, through theft, fraud or other illegal means, any questions intended to be used by the Department in conducting an examination, or the answers to the questions; or
    6. To promise or offer any valuable or other consideration to a person having access to the questions or answers as an inducement to procure for delivery to the promisor, or any other person, a copy or copies of any questions or answers.
  2. If an examination is divided into separate parts, each of the parts shall be deemed an examination for the purposes of this section.
  3. Any violation of any provision of subsection A of this section shall be punishable as a Class 2 misdemeanor.
  4. Any person or entity other than the Department that sells, gives, or distributes, or attempts to sell, give or distribute any document purporting to be a license to operate a motor vehicle in the Commonwealth is guilty of a Class 1 misdemeanor.
  5. Nothing in this section or in any regulations of the Department shall be construed to prohibit (i) the possession, use, or provision of the Department’s driver license examination questions by or to any person for the purpose of administering a knowledge examination or (ii) the Department from making sample examination questions available to the public or the public from possessing sample examination questions.

History. 1990, c. 964; 2006, c. 871; 2015, c. 464; 2022, c. 139.

Cross references.

As to punishment of misdemeanors, see § 18.2-11 .

The 2006 amendments.

The 2006 amendment by c. 871 added subsection D.

The 2015 amendments.

The 2015 amendment by c. 464 added subdivision A 4 and redesignated former subdivisions A 4 and A 5 as subdivisions A 5 and A 6, respectively.

The 2022 amendments.

The 2022 amendment by c. 139 in subsections A through D, deleted “of Motor Vehicles” following “Department” throughout; and added subsection E.

§ 46.2-105.2. Obtaining documents from the Department when not entitled thereto; penalty.

  1. It shall be unlawful for any person to obtain a Virginia driver’s license, special identification card, vehicle registration, certificate of title, or other document issued by the Department if such person has not satisfied all legal and procedural requirements for the issuance thereof, or is otherwise not legally entitled thereto, including obtaining any document issued by the Department through the use of counterfeit, forged, or altered documents.
  2. It shall be unlawful to aid any person to obtain any driver’s license, special identification card, vehicle registration, certificate of title, or other document in violation of the provisions of subsection A.
  3. It shall be unlawful to knowingly possess or use for any purpose any driver’s license, special identification card, vehicle registration, certificate of title, or other document obtained in violation of the provisions of subsection A.
  4. A violation of any provision of this section shall constitute a Class 2 misdemeanor if a person is charged and convicted of a violation of this section that involved the unlawful obtaining or possession of any document issued by the Department for the purpose of engaging in any age-limited activity, including but not limited to obtaining, possessing, or consuming alcoholic beverages. However, if a person is charged and convicted of any other violation of this section, such offense shall constitute a Class 6 felony.
  5. Whenever it appears to the satisfaction of the Commissioner that any driver’s license, special identification card, vehicle registration, certificate of title, or other document issued by the Department has been obtained in violation of this section, it may be cancelled by the Commissioner, who shall mail notice of the cancellation to the address of record maintained by the Department.

History. 1992, c. 99; 2002, cc. 767, 834; 2003, cc. 817, 819.

Cross references.

As to punishment for Class 6 felonies, see § 18.2-10 .

As to punishment for Class 2 misdemeanors, see § 18.2-11 .

The 2002 amendments.

The 2002 amendments by cc. 767 and 834 are identical, and in subsection D, deleted “however” following “Class 2 misdemeanor,” divided the existing sentence into two sentences by substituting “this section that involved . . . any other violation of this section” for “subsection B which involved aid to five or more persons,” and substituted “Class 6 felony” for “Class 4 felony” at the end of the present second sentence.

The 2003 amendments.

The 2003 amendments by cc. 817 and 819, effective January 1, 2004, are identical, and added “including obtaining any document issued by the Department through the use of counterfeit, forged, or altered documents” at the end of subsection A.

Law Review.

For article summarizing published Virginia criminal law decisions between July 1, 2002 and July 1, 2003, see 38 U. Rich. L. Rev. 87 (2003).

CASE NOTES

Evidence sufficient. —

Sufficient evidence supported defendant’s convictions for unlawfully obtaining documents from the Department of Motor Vehicles to a boat and trailer because defendant voluntarily relinquished any interest to the boat and trailer by entering into a property settlement agreement in a divorce in which the boat and trailer were awarded to defendant’s former husband, and no later amendment of the agreement or decree incorporating the agreement made defendant “legally entitled,” under subsection A of § 46.2-105.2 , to an ownership interest in the boat or trailer. Wilson v. Commonwealth, 2012 Va. App. LEXIS 39 (Va. Ct. App. Feb. 14, 2012).

When defendant relinquished, in a property settlement agreement, any interest in a boat and trailer to defendant’s former husband, and then, after the husband’s death, obtained title to the boat and trailer, the fact that the husband did not obtain title to the boat and trailer in the husband’s own name prior to the husband’s death did not allow defendant to seek title to the boat and trailer in defendant’s name, under subsection A of § 46.2-633 , because an absence of recordation had no effect on the rights of parties to the transfer of a vehicle. Wilson v. Commonwealth, 2012 Va. App. LEXIS 39 (Va. Ct. App. Feb. 14, 2012).

CIRCUIT COURT OPINIONS

Mens rea. —

Omission of a mens rea in subsection B of § 46.2-105.2 does not eliminate the element of mens rea from the Commonwealth’s burden of proof during its case-in-chief. Given the employ of aid, a common-law term-of-art, implicit in subsection B of § 46.2-105.2 is a mens rea element of knowledge on the part of the aider. Commonwealth v. Davis, 101 Va. Cir. 71, 2019 Va. Cir. LEXIS 4 (Fairfax County Jan. 22, 2019).

To be liable under subsection B of § 46.2-105.2 , a defendant must knowingly aid another person obtain the listed documents with the knowledge the principal has not satis tied all legal and procedural Department of Motor Vehicles requirements or is otherwise not legally entitled to the document obtained. More simply put, subsection B of § 46.2-105.2 contains an implied and necessary mens rea element of knowledge. Commonwealth v. Davis, 101 Va. Cir. 71, 2019 Va. Cir. LEXIS 4 (Fairfax County Jan. 22, 2019).

§ 46.2-106. Reciprocal agreements entered into by Governor.

The Governor may enter into reciprocal agreements on behalf of the Commonwealth with the appropriate authorities of any state of the United States with respect to all taxes imposed by the Commonwealth and by any other state of the United States on motor vehicles, the operation of motor vehicles, or any transaction incident to the operation of motor vehicles.

Except as provided in this section, all agreements entered into by the Governor with respect to any subject of reciprocity as to which provision is expressly made by statute shall conform to the provisions of that statute. As to any other subject of reciprocity appropriate to the powers vested in the Governor by this section, the Governor may agree to whatever terms and conditions as in his judgment are best calculated to promote the interests of the Commonwealth. Except as provided in this section, it is the policy of the Commonwealth to grant reciprocity to the residents of another state when that state grants reciprocity to the residents of the Commonwealth.

All agreements entered into by the Governor pursuant to this section shall be reduced to writing, and a copy shall be furnished to the Secretary of the Commonwealth and the Superintendent of State Police.

History. Code 1950, §§ 46-21, 46-22; 1956, c. 354; 1958, c. 541, §§ 46.1-19, 46.1-20; 1964, c. 253; 1989, c. 727; 1995, cc. 744, 803; 2003, c. 299.

The 2003 amendments.

The 2003 amendment by c. 299 deleted the former first paragraph, which read: “The Reciprocity Board, hereinafter called the Board, is hereby created. The Board shall consist of three ex officio members: the Commissioner of the Department of Motor Vehicles, the Commonwealth Transportation Commissioner, and one of the members of the State Corporation Commission. A majority of the members of the Board shall constitute a quorum and the action of the majority of the members in attendance at any meeting shall be the action of the Board. Whenever a member of the Board is absent from a meeting of the Board, he may designate one of his assistants or employees to attend on his behalf. The assistant or employee shall be entitled to participate in the discussion and proceedings of the Board, but he shall not vote”; deleted “with the advice of the Board” following “Governor may” in the present first and second paragraphs; and deleted “each member of the Reciprocity Board” following “Commonwealth” in the last paragraph.

Michie’s Jurisprudence.

For related discussion, see 3B M.J. Carriers, § 106.

CASE NOTES

Editor’s note.

The cases below were decided under former Title 46.1 or prior law.

Constitutionality. —

This section, as implemented by the Governor’s declaration of reciprocal waiver of motor vehicle road taxes, does not contravene the provision of Va. Const., Art. IX, § 5 that no foreign corporation shall be relieved from compliance with any of the requirements made of similar domestic corporations. Atlantic & D. Ry. v. Hooker, 194 Va. 496 , 74 S.E.2d 270, 1953 Va. LEXIS 113 (1953).

Legislative policy. —

The Virginia statutes with respect to registration of motor vehicles and this section lay down a broad policy directive; that is, the policy of allowing residents of other states the free use of roads of Virginia when the home states of such nonresidents allow the free use of their roads to residents of Virginia. Atlantic & D. Ry. v. Hooker, 194 Va. 496 , 74 S.E.2d 270, 1953 Va. LEXIS 113 (1953).

Reciprocal agreements may be bilateral or unilateral. —

A reciprocal agreement authorized by this section may be bilateral or unilateral. The Governor’s unilateral declaration waiving gross receipts road tax on carriers of all states which do not require Virginia carriers to pay a similar tax is a promise for a forbearance. When accepted by another state, either by acquiescence or express committal, it constitutes a reciprocal agreement within the intent of this section. Atlantic & D. Ry. v. Hooker, 194 Va. 496 , 74 S.E.2d 270, 1953 Va. LEXIS 113 (1953).

The words used in this section are broad enough to allow agreements whereby foreign states will refrain from imposing taxes on Virginia interstate carriers, as well as agreements whereby such states will refrain from requiring Virginia interstate carriers to pay taxes imposed by such foreign states. Atlantic & D. Ry. v. Hooker, 194 Va. 496 , 74 S.E.2d 270, 1953 Va. LEXIS 113 (1953).

Governor’s declaration of June 25, 1952, waiving gross receipts road tax on carriers of all states which did not require Virginia carriers to pay a similar tax was held to be a “reciprocal agreement” within the meaning of this section, notwithstanding that some states whose carriers were benefited by it had no statutes imposing a similar tax on Virginia carriers. Atlantic & D. Ry. v. Hooker, 194 Va. 496 , 74 S.E.2d 270, 1953 Va. LEXIS 113 (1953).

Whether Governor’s declaration is a “reciprocal agreement” within the meaning of this section, and is in compliance with it, is to be found in the statute construed as a whole, in the spirit and purpose of its enactment, and in the realities of the situation. Subtleties of meaning should not be allowed to circumvent the legislature’s manifest purpose and destroy a formulated scheme of reciprocity, though inartificially expressed. Atlantic & D. Ry. v. Hooker, 194 Va. 496 , 74 S.E.2d 270, 1953 Va. LEXIS 113 (1953).

Whether reciprocity proposed is favorable is question for Governor. —

It is for the Governor and not for the court to determine whether the reciprocity proposed in his declaration, which constituted a reciprocal agreement under this section, is favorable to the interest of the State. Atlantic & D. Ry. v. Hooker, 194 Va. 496 , 74 S.E.2d 270, 1953 Va. LEXIS 113 (1953).

Proclamations of Governor have effect of statutory enactments. —

Proclamations of the Governor under this section have the effect of statutory enactments. Virginia v. Cannon, 228 F.2d 313, 1955 U.S. App. LEXIS 4396 (4th Cir. 1955).

§ 46.2-107. Lists of vehicles used for rent or hire, or by contract carriers.

Every person engaged in hiring or renting motor vehicles for the transportation of passengers or property and every contract carrier by motor vehicle of passengers or property who operates, or who should operate, under a permit issued by the State Corporation Commission or by the Interstate Commerce Commission, as provided by law, shall furnish to the Commissioner, whenever required to do so, a list and description of motor vehicles used in his business.

History. Code 1950, § 46-157; 1958, c. 541, § 46.1-151; 1989, c. 727.

§ 46.2-108. Records required of persons renting motor vehicles without drivers; inspections; insurance.

  1. Every person engaged in the business of renting motor vehicles without drivers who rents any vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of the motor vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented and the exact time the vehicle is the subject of the rental or in possession of the person renting and having the use of the vehicle. These records shall be public records and open to inspection by any person damaged as to his person or property by the operation of the vehicle or by law-enforcement personnel in the discharge of their duties.  Any person who has been damaged as to his person or property may require a production of the written record in person or by his authorized agent or attorney.
  2. It shall be unlawful for any person who rents a motor vehicle as provided in this section to fail to make or have in possession or to refuse an inspection of the record required in this section.
  3. The Commissioner shall prescribe and the owner shall use the form for the keeping of the record provided in this section.
  4. No person engaged in the business of renting automobiles and trucks without drivers shall rent any vehicle without a driver unless the vehicle is an insured motor vehicle as defined in § 46.2-705 .  A violation of this subsection shall constitute a Class 1 misdemeanor.

History. Code 1950, § 46-191; 1958, c. 541, § 46.1-14; 1960, c. 141; 1972, c. 373; 1978, c. 605; 1980, c. 9; 1989, c. 727.

Cross references.

As to punishment for Class 1 misdemeanors, see § 18.2-11 .

CASE NOTES

Rental car company must assure statutory minimum coverage. —

When read in pari materia, § 46.2-108 and §§ 46.2-368 and 46.2-705 evince a clear legislative intent that a company renting a motor vehicle without a driver in Virginia must assure that the vehicle has the statutory minimum liability insurance coverage; such intent is in keeping with the long-standing public policy to provide for the protection and compensation of innocent parties injured in motor vehicle accidents, and the appellate court will construe the statutory language liberally to accomplish the intended purpose of the statutes. USAA Cas. Ins. Co. v. Hertz Corp., 265 Va. 450 , 578 S.E.2d 775, 2003 Va. LEXIS 44 (2003).

Rental car company provided primary coverage. —

Self-insured rental car company was required to provide primary coverage on a rental car driven by a resident of another state involved in an accident; the rental car company could not avoid by contract customer avoid its obligation to assure primary liability coverage by purporting to alter or expand the insurance coverage provided by the customer’s own carrier, and because the policy with the insurer provided only excess coverage, the motor vehicle remained an insured vehicle as required by subsection D of § 46.2-108 only if primary coverage was afforded by the rental car company through its certificate of self-insurance. USAA Cas. Ins. Co. v. Hertz Corp., 265 Va. 450 , 578 S.E.2d 775, 2003 Va. LEXIS 44 (2003).

Self-insured rental car company was entitled to seek indemnification from a renter and his insurer for damages caused by the renters’ negligence once the rental car company satisfied its obligation under subsection D of § 46.2-108 to afford primary bodily injury and property damage coverage and paid the third party’s damages. Farmers Ins. Exch. v. Enter. Leasing Co., 281 Va. 612 , 708 S.E.2d 852, 2011 Va. LEXIS 89 (2011).

CIRCUIT COURT OPINIONS

Rental car company must assure statutory minimum coverage. —

Holding in Hertz along with §§ 46.2-108 , 46.2-368 , and 46.2-705 evince a clear legislative intent requiring a company that rents motor vehicles without drivers to ensure that such vehicles have the statutory minimum liability insurance coverage; however, this requirement did not preclude the rental car company from seeking indemnification from its renter for damages the company paid to a third party resulting from the renter’s negligence. Self-insurance was not the functional equivalent of insurance in the instant case and therefore the company was not improperly seeking indemnification from its own insured; under Hertz, the company was primarily liable and satisfied that liability by promptly paying out the third party’s claims and under the insurer’s policy, the insurer was primarily liable for property damage caused by its insured which resulted from his use of a substitute automobile while his own automobile was being repaired or serviced. Farmers Ins. Exch. v. Enter. Leasing Co., 79 Va. Cir. 382, 2009 Va. Cir. LEXIS 133 (Fairfax County Oct. 14, 2009), aff'd, 281 Va. 612 , 708 S.E.2d 852, 2011 Va. LEXIS 89 (2011).

§ 46.2-109. Reports by persons in charge of garages and repair shops; vehicles equipped with bullet-proof glass or smoke projectors or struck by bullets.

The person in charge of any garage or repair shop to which is brought any motor vehicle equipped with bullet-proof glass or any smoke screen device or that shows evidence of having been struck by a bullet shall report in writing, on forms furnished by the Superintendent of State Police, to the nearest police station or to the State Police, within twenty-four hours after the motor vehicle is received, the engine number, registration number, serial number or identification number, and the name and address of the owner or operator of the vehicle if known.

History. Code 1950, §§ 46-17.1, 46-17.3; 1952, c. 538; 1958, c. 541, §§ 46.1-10, 46.1-12; 1960, c. 119; 1989, c. 727.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 127.

§ 46.2-110. Right to inspect vehicles in garages.

Any law-enforcement officer or Department officer or employee who is in uniform or exhibits a badge or other sign of authority shall have the right to inspect any motor vehicle, trailer, or semitrailer in any public garage or repair shop for the purpose of locating stolen motor vehicles, trailers, and semitrailers and for investigating the title and registration of motor vehicles, trailers, and semitrailers. For this purpose the owner of any garage or repair shop shall permit any law-enforcement officer or Department officer or employee freely to make investigation as authorized in this section.

History. Code 1950, § 46-17; 1958, c. 541, § 46.1-9; 1989, c. 727.

Law Review.

For survey of Virginia criminal procedure for the year 1976-77, see 63 Va. L. Rev. 1408 (1977).

For article, “Warrantless Searches and Seizures in Virginia,” see 17 U. Rich. L. Rev. 721 (1983).

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 126.

CASE NOTES

Editor’s note.

The cases below were decided under former Title 46.1 or prior law.

This section is a proper and necessary regulatory measure and is constitutional under the Fourth and Fourteenth Amendments of the United States Constitution.Shirley v. Commonwealth, 218 Va. 49 , 235 S.E.2d 432, 1977 Va. LEXIS 170 (1977).

It is one of numerous related motor vehicle laws designed for the protection of lawful owners and the public. Shirley v. Commonwealth, 218 Va. 49 , 235 S.E.2d 432, 1977 Va. LEXIS 170 (1977).

Person engaged in automobile repair business was on notice of possible inspection. —

Where the defendant was engaged in the business of automobile repairing, a business regulated by this section, defendant knew, or should have known, of the statutory requirements when she engaged in the business. She was placed on notice that the premises of her automobile repair business and the vehicles located on the premises were subject to inspection at any time. Shirley v. Commonwealth, 218 Va. 49 , 235 S.E.2d 432, 1977 Va. LEXIS 170 (1977).

Facts justifying further inspection. —

Where the statutory inspection of motor vehicles on defendant’s premises by the officers revealed four vehicles from which the public identification numbers were missing, including the vehicle in question, this fact alone justified a further search of the vehicle for an identification number, although the suspicions of the officers were additionally aroused by the fact that the registration certificate and the license plates attached to the vehicle were for an automobile of a different model, type and year from that of the vehicle being inspected. The officers had cause to continue their inspection and investigation and to seize pertinent documents they found regarding the vehicle. Shirley v. Commonwealth, 218 Va. 49 , 235 S.E.2d 432, 1977 Va. LEXIS 170 (1977).

§ 46.2-111. Flares and other signals relating to stopped commercial motor vehicles.

  1. Whenever any commercial motor vehicle as defined in § 46.2-341.4 is stopped on any roadway or on the shoulder of any highway in the Commonwealth at any time for any cause other than stops necessary to comply with traffic control devices, lawfully installed signs, or signals of law-enforcement officers, the operator of such vehicle shall immediately activate the vehicular hazard warning signal flashers and as soon as possible, but in any event within 10 minutes of stopping, place or cause to be placed on the roadway or shoulder three red reflectorized triangular warning devices of a type approved by the Superintendent. One of the red reflectorized triangular warning devices shall be placed in the center of the lane of traffic or shoulder occupied by the stopped vehicle and not less than 100 feet therefrom in the direction of traffic approaching in that lane, a second not less than 100 feet from such vehicle in the opposite direction and a third at the traffic side of such vehicle not closer than 10 feet from its front or rear. However, if such vehicle is stopped within 500 feet of a curve or crest of a hill, or other obstruction to view, the red reflectorized triangular warning devices in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than 500 feet from the  stopped vehicle. Vehicular hazard warning signal flashers shall continue to flash until the operator has placed the three red reflectorized triangular warning devices required in this subsection. The placement of red reflectorized triangular warning devices is not required within the corporate limits of cities unless, during the time which lights are required to be illuminated on motor vehicles by § 46.2-1030 , the street or highway lighting is insufficient to make such vehicle clearly discernable at a distance of 500 feet to a person on the highway. Flares or torches of a type approved by the Superintendent may be used in lieu of red reflectorized warning devices. In the event that the operator of the stopped vehicle elects to use flares or torches in lieu of red reflectorized triangular warning devices, the operator shall ensure that at least one flare or torch remains lighted at each of the prescribed locations as long as the vehicle is stopped. If gasoline or any other flammable liquid or combustible liquid or gas seeps or leaks from a fuel container or a commercial motor vehicle stopped upon a highway, no emergency warning signal producing a flame shall be lighted or placed except at such a distance from any such liquid or gas as will ensure the prevention of a fire or explosion.The exception provided in this subsection with respect to highways within the corporate limits of cities shall not apply to any portion of any interstate highway within the corporate limits of any city. The provisions of this section shall not apply to any vehicle in a work zone protected by flagmen or approved temporary traffic control channeling devices, as required by the Virginia Work Area Protection Manual or to any vehicle displaying a flashing amber light authorized by § 46.2-1025 when such vehicle is (i) used for the principal purpose of towing or servicing disabled vehicles, or (ii) engaged in road or utility construction or maintenance.
  2. If any such vehicle is used for the transportation of flammable liquids in bulk, whether loaded or empty, or for transporting inflammable gases, red reflectorized triangular warning devices or red electric lanterns of a type approved by the Superintendent of State Police shall be used. Such reflectors or lanterns shall be lighted and placed on the roadway in the manner provided in subsection A of this section.
  3. [Repealed.]

History. Code 1950, §§ 46-260, 46-261, 46-262; 1950, p. 698; 1956, c. 56; 1958, c. 541, §§ 46.1-255 to 46.1-257; 1960, c. 156; 1966, c. 122; 1968, c. 155; 1970, c. 190; 1989, c. 727; 1999, c. 77; 2003, c. 971.

The 1999 amendment substituted “manufactured home” for “mobile home” near the beginning of subsection A.

The 2003 amendments.

The 2003 amendment by c. 971 rewrote subsection A, substituted “reflectorized triangular warning devices” for “flares” in subsection B, and deleted subsection C, relating to the use of red flags during such time as lights are not required.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 26.

CASE NOTES

Editor’s note.

Some of the cases below were decided under former Title 46.1 or prior law.

This section is mandatory. Savage Truck Line v. Traylor, 193 Va. 579 , 69 S.E.2d 478, 1952 Va. LEXIS 168 (1952).

And its violation constitutes negligence per se. —

The violation of a statute of this character constitutes negligence per se. If it efficiently contributes to a collision and resultant damage to the wrongdoer, he may not recover. Savage Truck Line v. Traylor, 193 Va. 579 , 69 S.E.2d 478, 1952 Va. LEXIS 168 (1952).

The failure of a truck driver for ten minutes or more to comply with the mandate of the section is ample proof of negligence. Savage Truck Line v. Traylor, 193 Va. 579 , 69 S.E.2d 478, 1952 Va. LEXIS 168 (1952).

Insufficient time to permit driver to place flares. —

Evidence held sufficient to support finding by jury that there was not sufficient time between breakdown of vehicle and collision for driver to have placed the flares required by the statute, and hence that the driver did not violate the statute and was not guilty of negligence. If driver did not have time to place the flares, the fact that trooper found none in the cab of his truck did not convict him of negligence. Roberts v. Mundy, 208 Va. 236 , 156 S.E.2d 593, 1967 Va. LEXIS 209 (1967), overruled, Vanlandingham v. Vanlandingham, 212 Va. 856 , 188 S.E.2d 96, 1972 Va. LEXIS 283 (1972).

Waving flashlight, about 40´ to rear of parked trailer when the light did not disclose the trailer, was not a compliance with this section. Crist v. Fitzgerald, 189 Va. 109 , 52 S.E.2d 145, 1949 Va. LEXIS 154 (1949).

Ruling held error. —

Trial court erred ruling, as matter of law, that a trucker did not violate § 46.2-111 , 49 C.F.R. § 392.14 and 49 C.F.R. § 392.22, where reasonable minds could differ about whether trucker was negligent in operating his vehicle at an excessive speed under the existing conditions, whether any such negligence was a proximate cause of the accident, whether trucker was negligent in failing to keep a proper lookout and whether any such negligence was a proximate cause of the accident. Kimberlin v. PM Transp., Inc., 264 Va. 261 , 563 S.E.2d 665, 2002 Va. LEXIS 72 (2002).

§ 46.2-112. Tampering with odometer; penalty; civil liability.

  1. It shall be unlawful to knowingly cause, either personally or through an agent, the changing, tampering with, disconnection, or nonconnection of any odometer or similar device designed to show by numbers or words the distance which a motor vehicle has traveled or the use it has sustained.
  2. It shall be unlawful for any person to sell a motor vehicle if he knows or should reasonably know that the odometer or similar device of the motor vehicle has been changed, tampered with, or disconnected to reflect a lesser mileage or use, unless he gives clear and unequivocal notice of such tampering, etc., or of his reasonable belief thereof, to the purchaser in writing prior to the sale. In a prosecution under this subsection, evidence that a person or his agent has changed, tampered with, disconnected, or failed to connect an odometer or similar device of a motor vehicle shall constitute prima facie evidence of knowledge thereof.
  3. It shall be unlawful for any person to advertise for sale, sell, or use any device designed primarily for the purpose of resetting the odometer or similar device of a motor vehicle in any manner.
  4. The provisions of this section shall not apply to the following:
    1. The changing of odometer or similar device readings registered in the course of predelivery testing of any motor vehicle by its manufacturer prior to its delivery to a dealer.
    2. Any necessary repair or replacement of an odometer or similar device, provided that the repaired or replaced odometer or similar device is forthwith set at a reading determined by the reading on the device immediately prior to repair or replacement plus a bona fide estimate of the use of the vehicle sustained between the period when the device ceased to accurately record that use and the time of repair or replacement. Compliance with the requirements of 49 USC § 32704 of the Federal Odometer Act in the service, repair, or replacement of an odometer shall be deemed compliance with this subdivision.
    3. Passenger vehicles having a capacity in excess of 15 persons.
    4. Trucks having a net weight in excess of 10,000 pounds.
  5. Any person convicted of a violation of the provisions of subsections A through D shall, for a first offense, be fined not more than $10,000 and sentenced to a term of confinement in jail for not more than 12 months, either or both. Any person convicted of a subsequent offense under this section shall be fined not more than $50,000 and sentenced to a term of confinement in a state correctional facility for not less than one year nor more than five years, either or both, for each offense if the offense is committed with the intent thereby to defraud another. Each violation of this section shall constitute a separate offense.
  6. Any person who with intent to defraud violates subsection A or B shall be liable in a civil action in an amount equal to three times the amount of actual damages sustained or $3,000, whichever is greater. In the case of a successful action to enforce the foregoing liability, the costs of the action, together with reasonable attorney fees as determined by the court, shall be assessed against the person committing the violation. An action under this subsection shall be brought within two years from the date on which liability arises. For the purpose of this subsection, liability arises when the injured party discovers, or with due diligence should have discovered, the violation.

History. 1972, c. 851, §§ 46.1-15.1 to 46.1-15.3; 1978, c. 294; 1986, c. 490; 1989, c. 727; 2012, cc. 32, 122.

The 2012 amendments.

The 2012 amendments by cc. 32 and 122, are nearly identical, and added the last sentence of subdivision D 2, deleted “of this section” following “subsections A through D” in subsection E, and deleted “of this section” following “subsection A or B” and substituted “$3,000” for “$1,500” in the first sentence of subsection F. Chapter 32 made additional minor stylistic changes.

Law Review.

For survey of Virginia law on criminal law for the year 1971-1972, see 58 Va. L. Rev. 1206 (1972).

§ 46.2-113. Violations of this title; penalties.

It is unlawful for any person to violate any of the provisions of this title, or any regulation adopted pursuant to this title, or local ordinances adopted pursuant to the authority granted in this title. Unless otherwise stated, these violations shall constitute traffic infractions punishable by a fine of not more than that provided for a Class 4 misdemeanor under § 18.2-11 .

If it is found by the judge of a court of proper jurisdiction that the violation of any provision of this title was a serious traffic violation as defined in § 46.2-341.20 and that such violation was committed while operating a vehicle or combination of vehicles used to transport property that either (i) has a gross vehicle weight rating of 26,001 or more pounds or (ii) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds, the judge may assess, in addition to any other penalty assessed, a further monetary penalty not exceeding $500.

History. 1976, c. 135, § 46.1-16.01; 1977, c. 585; 1982, c. 681; 1989, c. 727; 1992, c. 533; 1997, c. 637; 2003, c. 844; 2022, c. 490.

The 2003 amendments.

The 2003 amendment by c. 844 substituted “that provided for a Class 4 misdemeanor under § 18.2-11 ” for “$200” at the end of the first paragraph.

The 2022 amendments.

The 2022 amendment by c. 490 in the first sentence, substituted “is” for “shall be” and the third occurrence of “this title” for “§ 46.2-1300 ”; and made stylistic changes.

Michie’s Jurisprudence.

For related discussion, see 5B M.J. Criminal Procedure, § 3.

CIRCUIT COURT OPINIONS

Applicability of § 46.2-936 to speeding charges. —

Motion to dismiss a Fairfax County speeding charge against a defendant was denied since (1) the charge was not a misdemeanor requiring immediate hearing upon his request under § 46.2-936 as the penalty (a fine of up to $200) was less than for the lowest misdemeanor, and § 46.2-100 defined a traffic infraction as a violation of law punishable as provided in this section, which was neither a felony nor a misdemeanor, and (2) dismissal was not the remedy for a statutory (as opposed to constitutional) violation of § 46.2-936 . Commonwealth v. Towarnicky, 67 Va. Cir. 17, 2005 Va. Cir. LEXIS 30 (Fairfax County Jan. 20, 2005).

OPINIONS OF THE ATTORNEY GENERAL

Constitutionality. —

Since the funds collected by localities in enforcing their traffic light laws do not constitute “fines for offenses against the Commonwealth,” the General Assembly constitutionally may permit localities to retain such funds. See opinion of Attorney General to The Honorable Joseph D. Morrissey, Member, House of Delegates, 11-034, 2011 Va. AG LEXIS 24 (4/15/11).

§ 46.2-114. Disposition of fines and forfeitures.

All fines or forfeitures collected on conviction of any person charged with a violation of any of the provisions of this title punishable as felonies, misdemeanors, or traffic infractions shall be paid into the state treasury to be credited to the Literary Fund unless a different form of payment is required specifically by this title.

History. Code 1950, § 46-20; 1958, c. 541, § 46.1-18; 1989, c. 727; 2012, c. 408.

The 2012 amendments.

The 2012 amendment by c. 408 deleted “or on a forfeiture of bail” following “on conviction” near the beginning of the section.

§ 46.2-115. Inapplicability of title on Tangier Island; adoption of local ordinances; penalties.

Except for this section, no provisions of this title shall apply in the Town of Tangier.

The council of the Town of Tangier may adopt such ordinances paralleling any provision of this title and adapt their provisions to suit the Town’s unique situation. No penalty for any violation of any such ordinance, however, shall exceed the penalty imposed for a violation of the parallel provision of this title.

History. 1995, c. 670.

§ 46.2-116. Registration with Department of Criminal Justice Services required for tow truck drivers; penalty.

  1. As used in this section and §§ 46.2-117 , 46.2-118 , and 46.2-119 :“Consumer” means a person who (i) has vested ownership, dominion, or title to the vehicle; (ii) is the authorized agent of the owner as defined in clause (i); or (iii) is an employee, agent, or representative of an insurance company representing any party involved in a collision that resulted in a police-requested tow who represents in writing that the insurance company had obtained the oral or written consent of the title owner or his agent or the lessee of the vehicle to obtain possession of the vehicle.“Department” means the Department of Criminal Justice Services.“Tow truck driver” means an individual who drives a tow truck as defined in § 46.2-100 .“Towing and recovery operator” means any person engaging in the business of providing or offering to provide services involving the use of a tow truck and services incidental to use of a tow truck. “Towing and recovery operator” shall not include a franchised motor vehicle dealer as defined in § 46.2-1500 using a tow truck owned by a dealer when transporting a vehicle to or from a repair facility owned by the dealer when the dealer does not receive compensation from the vehicle owner for towing of the vehicle or when transporting a vehicle in which the dealer has an ownership or security interest.
  2. On and after January 1, 2013, no tow truck driver shall drive any tow truck without being registered with the Department, except that this requirement shall not apply to any holder of a tow truck driver authorization document issued pursuant to former § 46.2-2814 until the expiration date of such document. The Department may offer a temporary registration or driver authorization document that is effective upon the submission of an application and that expires upon the issuance or denial of a permanent registration. Every applicant for an initial registration or renewal of registration pursuant to this section shall submit his registration application, fingerprints, and personal descriptive information to the Department and a nonrefundable application fee of $100. The Department shall forward the personal descriptive information along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record check regarding such applicant. The cost of the fingerprinting and criminal history record check shall be paid by the applicant.The Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the Department. If an applicant is denied registration as a tow truck driver because of the information appearing in his criminal history record, the Department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided in this section.
    1. No registration shall be issued to any person who (i) is required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 or in a substantially similar law of any other state, the United States, or any foreign jurisdiction; (ii) has been convicted within the 15 years prior to the date of the application of a violent crime as defined in subsection C of § 17.1-805 unless such person held a valid tow truck driver authorization document on January 1, 2013, issued by the Board of Towing and Recovery Operators pursuant to former Chapter 28 (§ 46.2-2800 et seq.), and has not been convicted of a violent crime as defined in subsection C of § 17.1-805 subsequent to the abolition of the Board; or (iii) has been convicted within the 15 years prior to the date of the application of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions. C. 1. No registration shall be issued to any person who (i) is required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 or in a substantially similar law of any other state, the United States, or any foreign jurisdiction; (ii) has been convicted within the 15 years prior to the date of the application of a violent crime as defined in subsection C of § 17.1-805 unless such person held a valid tow truck driver authorization document on January 1, 2013, issued by the Board of Towing and Recovery Operators pursuant to former Chapter 28 (§ 46.2-2800 et seq.), and has not been convicted of a violent crime as defined in subsection C of § 17.1-805 subsequent to the abolition of the Board; or (iii) has been convicted within the 15 years prior to the date of the application of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions.
    2. The Department may deny a registration to any person who (i) has been convicted more than 15 years prior to the date of the application of a violent crime as defined in subsection C of § 17.1-805 or (ii) has been convicted more than 15 years prior to the date of the application of any crime involving the driving of a tow truck, including drug or alcohol offenses. The Department shall deny a registration to a person described in clause (i) or (ii) if the person has not completed all terms of probation or parole related to such conviction.
    3. Any person registered pursuant to this section shall report to the Department within 10 days of conviction any convictions for felonies or misdemeanors that occur while he is registered with the Department.
  3. Any tow truck driver failing to register with the Department as required by this section is guilty of a Class 3 misdemeanor. A tow truck driver registered with the Department shall have such registration in his possession whenever driving a tow truck on the highways.
  4. Registrations issued by the Department pursuant to this section shall be valid for a period not to exceed 24 months, unless revoked or suspended by the Department in accordance with § 46.2-117 .

History. 2012, cc. 803, 835; 2014, cc. 59, 441; 2017, c. 503; 2020, cc. 829, 1237.

Editor’s note.

Acts 2012, cc. 803 and 835, cl. 106 enacted this section, effective January 1, 2013.

The 2014 amendments.

The 2014 amendments by c. 59, effective March 3, 2014, and by c. 441, effective March 31, 2014, are identical, and in subsection C inserted “unless such person held a valid tow truck driver authorization document on January 1, 2013, issued by the Board of Towing and Recovery Operators pursuant to former Chapter 28 (§ 46.2-2800 et seq.), and has not been convicted of a violent crime as defined in subsection C of § 17.1-805 subsequent to the abolition of the Board” in clause (ii).

The 2017 amendments.

The 2017 amendment by c. 503, inserted the second sentence in subsection B.

The 2020 amendments.

The 2020 amendment by c. 829 substituted “with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1” for “as a sex offender as provided in § 9.1-901 ” in clause (i) of subsection C.

The 2020 amendment by c. 1237 added subdivision C 1 designator; inserted “within the 15 years prior to the date of the application” following “convicted” in clause (ii) of subdivision C 1; inserted “within the 15 years prior to the date of the application” following “convicted” in clause (iii) of subdivision C 1; added subdivision C 2 and subdivision C 3 designator.

§ 46.2-117. Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs.

  1. Upon receipt of written notice from the Division of Consumer Counsel of the Office of the Attorney General that it has obtained a civil judgment against a tow truck driver for a violation of subsection A of § 46.2-118 or § 46.2-1217 , 46.2-1231 , or 46.2-1233.1 or upon the failure of a tow truck driver to report to the Department within 10 days any conviction for a felony or misdemeanor that occurred while he is registered in accordance with § 46.2-116 , the Department may revoke or suspend the registration of a tow truck driver after notice and hearing as provided in subsection C.
  2. Furthermore, the Department shall, after notice and hearing as provided in subsection C, revoke or suspend the registration of a tow truck driver for:
    1. Conviction of any crime for which a person must register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 or in a substantially similar law of any other state, the United States, or any foreign jurisdiction;
    2. Conviction of a violent crime as defined in subsection C of § 17.1-805 ; or
    3. Conviction of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions.
  3. Before suspending or revoking any registration, reasonable notice of such proposed action shall be given to the tow truck driver by the Department in accordance with the provisions of § 2.2-4020 of the Administrative Process Act. In suspending or revoking the registration of a tow truck driver, the Department may assess the tow truck driver the cost of conducting the hearing unless the Department determines that the violation was inadvertent or done in a good faith belief that such act did not violate a statute. Any costs assessed by the Department shall be limited to (i) the reasonable hourly rate of the hearing officer and (ii) the actual cost of recording the hearing.

History. 2012, cc. 803, 835; 2020, c. 829.

Editor’s note.

Acts 2012, cc. 803 and 835, cl. 106 enacted this section, effective January 1, 2013.

The 2020 amendments.

The 2020 amendment by c. 829 substituted “with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1” for “as a sex offender as provided in § 9.1-901 ” in subdivision B 1.

§ 46.2-118. Prohibited acts by tow truck drivers and towing and recovery operators.

  1. No tow truck driver shall:
    1. Use fraud or deceit in the offering or delivering of towing and recovery services;
    2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
    3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
    4. Obtain any fee by fraud or misrepresentation;
    5. Remove or tow a trespassing vehicle, as provided in § 46.2-1231 , or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth; or
    6. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services.
  2. No towing and recovery operator shall:
    1. Use fraud or deceit in the offering or delivering of towing and recovery services;
    2. Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;
    3. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;
    4. Neglect to maintain on record at the towing and recovery operator’s principal office a list of all drivers employed by the towing and recovery operator;
    5. Obtain any fee by fraud or misrepresentation;
    6. Advertise services in any manner that deceives, misleads, or defrauds the public;
    7. Advertise or offer services under a name other than one’s own name;
    8. Fail to accept for payment cash, insurance company check, certified check, money order, or at least one of two commonly used, nationally recognized credit cards, except those towing and recovery operators who have an annual gross income of less than $10,000 derived from the performance of towing and recovery services shall not be required to accept credit cards, other than when providing police-requested towing as defined in § 46.2-1217 , but shall be required to accept personal checks;
    9. Fail to display at the towing and recovery operator’s principal office in a conspicuous place a listing of all towing, recovery, and processing fees for vehicles;
    10. Fail to have readily available at the towing and recovery operator’s principal office, at the customer’s request, the maximum fees normally charged by the towing and recovery operator for basic services for towing and initial hookup of vehicles;
    11. Knowingly charge excessive fees for towing, storage, or administrative services or charge fees for services not rendered;
    12. Fail to maintain all towing records, which shall include itemized fees, for a period of one year from the date of service;
    13. Willfully invoice payment for any services not stipulated or otherwise incorporated in a contract for services rendered between the towing and recovery operator and any locality or political subdivision of the Commonwealth;
    14. Employ a driver required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1;
    15. Remove or tow a trespassing vehicle, as provided in § 46.2-1231 , or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;
    16. Refuse, at the towing and recovery operator’s place of business, to make change, up to $100, for the owner of the vehicle towed without the owner’s consent if the owner pays in cash for charges for towing and storage of the vehicle;
    17. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services; or
    18. Fail to provide the owner of a stolen vehicle written notice of his right under law to be reimbursed for towing and storage of his vehicle out of the state treasury from the appropriation for criminal charges as required in § 46.2-1209 .
  3. No tow truck driver as defined in § 46.2-116 or towing and recovery operator as defined in § 46.2-100 shall knowingly permit another person to occupy a motor vehicle as defined in § 46.2-100 while such motor vehicle is being towed.

History. 2012, cc. 803, 835; 2015, c. 217; 2020, c. 829.

Editor’s note.

Acts 2012, cc. 803 and 835, cl. 106 enacted this section, effective January 1, 2013.

The 2015 amendments.

The 2015 amendment by c. 217 added subsection C.

The 2020 amendments.

The 2020 amendment by c. 829 substituted “with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1” for “as a sex offender as provided in § 9.1-901 ” in subdivision B 14.

§ 46.2-119. Complaints against tow truck drivers or towing and recovery operators; enforcement by the Office of the Attorney General.

  1. Any consumer aggrieved by the actions of a (i) tow truck driver for an alleged violation of subsection A of § 46.2-118 or § 46.2-1217 , 46.2-1231 , or 46.2-1233.1 or (ii) towing and recovery operator for an alleged violation of subsection B of § 46.2-118 or § 46.2-1217 , 46.2-1231 , or 46.2-1233.1 may file a complaint with the Division of Consumer Counsel of the Office of the Attorney General for appropriate action in accordance with this section and any other applicable law.
  2. The Attorney General may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth to enjoin any violation of § 46.2-118 , 46.2-1217 , 46.2-1231 , or 46.2-1233.1 . The circuit court having jurisdiction may enjoin such violations notwithstanding the existence of an adequate remedy at law. In any action under this section, it shall not be necessary that damages or intent be proved to establish a violation. The standard of proof at trial shall be a preponderance of the evidence. The circuit court may issue temporary or permanent injunctions to restrain and prevent violations of § 46.2-118 , 46.2-1217 , 46.2-1231 , or 46.2-1233.1 .
  3. In any action brought under this section, the Attorney General may recover damages and such other relief allowed by law, including restitution on behalf of consumers injured by violations of § 46.2-118 , 46.2-1217 , 46.2-1231 , or 46.2-1233.1 , as well as costs and reasonable expenses incurred by the Commonwealth in investigating and preparing the case, including attorney fees.

History. 2012, cc. 803, 835.

Editor’s note.

Acts 2012, cc. 803 and 835, cl. 106 enacted this section, effective January 1, 2013.

Chapter 2. Department of Motor Vehicles.

Article 1. Powers and Duties of Department, Generally.

§ 46.2-200. Department of Motor Vehicles.

There shall be a Department of Motor Vehicles in the executive department, responsible to the Secretary of Transportation. The Department shall be under the supervision and management of the Commissioner of the Department of Motor Vehicles.

The Department shall be responsible for the administration of the motor vehicle license, registration and title laws; the issuance, suspension, and revocation of driver’s licenses; the examination of applicants for and holders of driver’s licenses; the administration, training, disciplining, and assignment of examiners of applicants for driver’s licenses; the administration of the safety responsibility laws, fuel tax laws, the provisions of this title relating to transportation safety, and dealer licensing laws; the registration of carriers of passengers or property and vehicles that may be required to be registered under the International Registration Plan or pay road tax as described under Chapter 27 (§ 58.1-2700 et seq.) of Title 58.1 under the International Fuel Tax Agreement; the audit of carriers of passengers or property for compliance with registration and road tax requirements; proof of financial responsibility; and any other services that may be required to create a single point of contact for motor carriers operating within and without the Commonwealth, including the operation of permanent and mobile motor carrier service centers.

History. Code 1950, § 46-26; 1958, c. 541, § 46.1-25; 1984, cc. 778, 780; 1989, c. 727; 1990, cc. 1, 317; 1995, cc. 744, 803; 1997, c. 283; 2001, cc. 70, 82.

Editor’s note.

Acts 1997, c. 483, cl. 1 provides: “The Department of Motor Vehicles and the Department of State Police, in conjunction with the Department of Information Technology [now the Virginia Information Technologies Agency], shall work together toward using bar code technology, as well as all other types of emerging technology, to improve the operation of the agencies whenever feasible and effective.”

The 2001 amendments.

The 2001 amendments by cc. 70 and 82 are identical, and inserted “including the operation of permanent and mobile motor carrier service centers” at the end of the last paragraph.

§ 46.2-201. Appointment of Commissioner; term; vacancies.

The Commissioner shall be appointed by the Governor, subject to confirmation by the General Assembly, if in session when such appointment is made and if not in session, then at its next succeeding session. He shall hold his office at the pleasure of the Governor for a term coincident with that of each Governor making the appointment or until his successor shall be appointed and qualified. Vacancies shall be filled for the unexpired term in the same manner as original appointments are made.

History. Code 1950, § 46-24; 1958, c. 541, § 46.1-23; 1989, c. 727.

CASE NOTES

Commissioner is public official. —

Commissioner of the Virginia Division of Motor Vehicles is a public official as §§ 46.2-201 and 46.2-202 codify the appointment of the Commissioner by the Governor and his oath of office, and § 42.1-77 includes in the definition of a “public official” any person holding any office created by any act of the general assembly. Clements v. Commonwealth, 43 Va. App. 56, 596 S.E.2d 88, 2004 Va. App. LEXIS 234 (2004).

§ 46.2-202. Oath and bond; salary.

The Commissioner, before entering on the discharge of his duties, shall take an oath that he will faithfully and impartially discharge all the duties of his office, and he shall be bonded in accordance with § 2.2-1840 . The Commissioner shall receive the salary appropriated for the purpose.

History. Code 1950, § 46-25; 1958, c. 541, § 46.1-24; 1989, c. 727; 2021, Sp. Sess. I, c. 152.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 152, effective July 1, 2021, substituted “be bonded in accordance with § 2.2-1840 ” for “and he shall give bond in such penalty as may be fixed by the Governor, conditioned on the faithful discharge of his duties. The premium on the bond shall be paid out of the funds available for the maintenance and operation of his office.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 152, effective July 1, 2021, substituted “be bonded in accordance with § 2.2-1840 ” for “in such penalty as may be fixed by the Governor, conditioned on the faithful discharge of his duties” in the first sentence, and deleted the former second sentence, which read: “The premium on the bond shall be paid out of the funds available for the maintenance and operation of his office.”

CASE NOTES

Commissioner is public official. —

Commissioner of the Virginia Division of Motor Vehicles is a public official as §§ 46.2-201 and 46.2-202 codify the appointment of the Commissioner by the Governor and his oath of office, and § 42.1-77 includes in the definition of a “public official” any person holding any office created by any act of the general assembly. Clements v. Commonwealth, 43 Va. App. 56, 596 S.E.2d 88, 2004 Va. App. LEXIS 234 (2004).

§ 46.2-203. Regulations; violation; forms for applications, certificates, licenses, etc.

Subject to the provisions of Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2, the Commissioner may adopt reasonable administrative regulations necessary to carry out the laws administered by the Department and may enforce these regulations and laws through the agencies of the Commonwealth he may designate. A violation of any such regulation shall constitute a Class 4 misdemeanor. He shall also provide suitable forms for applications, certificates of title, registration cards, license plates, and driver’s licenses. Unless otherwise required in this title, he shall provide all other forms requisite for the purpose of this title.

History. Code 1950, § 46-27; 1958, c. 541, § 46.1-26; 1984, c. 780; 1989, c. 727.

Cross references.

As to punishment for Class 4 misdemeanors, see § 18.2-11 .

§ 46.2-203.1. Provision of updated addresses by persons completing forms; acknowledgment of future receipt of official notices.

Whenever any person completes a form for an application, certificate of title, registration card, license plate, driver’s license, and any other form requisite for the purpose of this title, or whenever any person is issued a summons for a violation of the motor vehicle laws of the Commonwealth, he shall provide his current address on the form or summons. By signing the form or summons, the person acknowledges that (i) the address is correct; (ii) any official notice, including an order of suspension, will be sent by (a) prepaid first class mail to the address on the signed form with the most current date or (b) by other means of communication, including email or other electronic address, if such electronic address is provided to the Department on the signed form; and (iii) the notice shall be deemed to have been accepted by the person if sent to any such address.

History. 1993, c. 24; 2020, cc. 701, 964, 965.

The 2020 amendments.

The 2020 amendment by c. 701, effective April 6, 2020, in the second sentence, inserted “or (b) by other means of communication, including email or other electronic address, if such electronic address is provided to the Department on the signed form” in clause (ii) and substituted “if sent to any such” for “at that” in clause (iii) and made stylistic changes.

The 2020 amendments by cc. 964 and 965 are identical, and deleted the last sentence, which read, “In addition, upon signing a summons for a violation of the motor vehicle laws, the person shall acknowledge that his failure to appear in court and pay fines and costs could result in suspension of his operator’s license.”

CASE NOTES

Notice of revocation. —

Defendant’s statement that he did not have a driver’s license, coupled with his presence at his previous trials for driving on a suspended license, bolstered the Department of Motor Vehicles’ transcript’s record of notice, on which there was a clear reference that notice of suspension or revocation was received; the finding that defendant had received notice was not plainly wrong, and his conviction for driving during the time for which he was deprived of the right to do so, third or subsequent offense was affirmed. Peters v. Commonwealth, 66 Va. App. 743, 791 S.E.2d 764, 2016 Va. App. LEXIS 304 (2016).

§ 46.2-203.2. Emergency contact information program.

  1. As used in this section, “emergency contact” means a person 18 years of age or older whom the customer may designate to be contacted by a law-enforcement officer in an emergency situation.
  2. The Department may establish an emergency contact information program to assist law-enforcement personnel in emergency situations. To establish such a program, a person who currently holds a credential issued by the Department under Chapter 3 (§ 46.2-300 et seq.) or completes an application for the same may voluntarily submit emergency contact information for inclusion in his customer record with the Department. Such emergency contact information may include the name, relationship to the customer, address, and telephone number for an individual the customer designates as a contact in the event of an emergency situation.
  3. Any person voluntarily submitting emergency contact information to the Department for inclusion in the applicant’s customer record is responsible for maintaining current emergency contact information with the Department. Each applicant submitting emergency contact information to the Department shall certify in his application that he has notified the person he has designated as an emergency contact that such information will be supplied to the Department. The Department shall provide a method by which applicants submitting emergency contact information to the Department may submit such information electronically pursuant to § 46.2-216.1 . Customers may add, modify, or delete information at any time. Such modifications or deletions will overwrite all previously provided information.
  4. In the event of an emergency situation, the Department shall make emergency contact information in customer records electronically available to a law-enforcement officer who in the exercise of his official duties requires assistance in reaching a customer’s emergency contact. Emergency contact information provided to the Department by the customer shall only be disclosed as permitted in this section and shall not be considered a public record subject to disclosure under the Freedom of Information Act and shall not be subject to disclosure by court order or other means of discovery.
  5. In the absence of gross negligence or willful misconduct, the Department, its employees, and law-enforcement officers shall be immune from any civil or criminal liability in connection with the maintenance and use of emergency contact information voluntarily provided by customers for use in an emergency situation.

History. 2015, c. 162; 2021, Sp. Sess. I, c. 544.

Editor’s note.

Acts 2015, c. 162, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2016.”

Acts 2021, Sp. Sess. I, c. 544, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2022.”

Acts 2021, Sp. Sess. I, c. 544, cl. 3 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 544, effective January 1, 2022, substituted “credential issued by the Department under Chapter 3 (§ 46.2-300 et seq.)” for “learner’s permit, temporary driver’s license, driver’s license, commercial driver’s license, or special identification card issued by the Department” in subsection B.

§ 46.2-204. Medical Advisory Board.

For the purpose of enabling the Department of Motor Vehicles to comply with its responsibilities under this title, there is hereby created a Medical Advisory Board for the Department. The Board shall consist of seven licensed physicians currently practicing medicine in Virginia appointed by the Governor. Appointments to the Board shall be for four-year terms and vacancies shall be filled by appointment for the unexpired portion of a term. The Governor shall designate the chairman of the Board.

The Commissioner may refer to the Board for an advisory opinion the case of any person applying for a driver’s license or renewal thereof, or of any person whose license has been suspended or revoked, or of any person being examined under the provisions of § 46.2-322 , when he has cause to believe that such person suffers from a physical or mental disability or disease which will prevent his exercising reasonable and ordinary control over a motor vehicle while driving it on the highways. The Medical Advisory Board shall provide guidance and recommendations to the Department regarding any case of a person examined under the provisions of § 46.2-322 who appeals the outcome of the examination pursuant to § 46.2-321 if the basis for such appeal is related to the medical evidence in the case. However, appeals related to the examinee’s (i) failure to follow procedures, (ii) failure to pass knowledge or behind-the-wheel tests, or (iii) evaluation by a driver rehabilitation specialist are not required to be referred to the Board. The Board shall submit to the Department its recommendations for consideration prior to the scheduled appeal proceedings. In addition, the Board shall assist the Commissioner through the development of medical and health standards for use in the issuance of driver’s licenses by the Department to avoid the issuance of licenses to persons suffering from any physical or mental disability or disease that will prevent their exercising reasonable and ordinary control over a motor vehicle while driving it on the highways.

The Board shall meet at the pleasure of the Commissioner. Each member shall serve without compensation but shall be reimbursed for his necessary expenses from funds appropriated to the Department of Motor Vehicles.

History. 1968, c. 168, § 46.1-26.1; 1974, c. 453; 1980, c. 728; 1984, c. 780; 1989, c. 727; 2017, c. 120.

Cross references.

As to compensation and expenses of boards, commissions and similar bodies, see § 2.2-2813 .

The 2017 amendments.

The 2017 amendment by c. 120 inserted the second through fourth sentences in the second paragraph.

§ 46.2-205. Department offices and agencies; agreements with dealers.

  1. The Commissioner shall maintain his office in the Commonwealth at a location which he determines to be appropriate. He may appoint agents and maintain branch offices in the Commonwealth in whatever locations he determines to be necessary to carry out this title.The personnel of each branch office and each agency shall be appointed by the Commissioner and shall be bonded in an amount fixed by the Commissioner. The person in charge of the branch office and each agency shall deposit daily in the local bank, or at such other intervals as may be designated by the Commissioner, to the account of the State Treasurer, all moneys collected, and shall submit daily to the Commissioner, or at such other intervals as may be designated by the Commissioner, a complete record of what each deposit is intended to cover. The Commissioner shall not be held liable in the event of the loss of any moneys collected by such agents resulting from their failure to deposit such money to the account of the State Treasurer.The compensation of the personnel of each branch office and each agency is to be fixed by the Commissioner. The compensation fixed for each nonautomated agency for the purpose of maintaining adequate annual service to the public shall be three and one-half percent of the first $500,000 of gross collections made by the agency, two percent of the next $500,000 of gross collections made by the agency, and one percent of all gross collections in excess of $1,000,000 made by the agency during each fiscal year.The compensation fixed for each automated agency for the purpose of maintaining adequate annual service to the public shall be three and one-half percent of gross collections made by the agency during each fiscal year.The compensation awarded shall belong to the agents for their services under this section, and the Commissioner shall cause to be paid all freight, cartage, premium on bond and postage, but not any extra clerk hire or other expenses occasioned by their duties.
  2. The Commissioner may enter into an agreement with any Virginia-licensed motor vehicle dealer, recreational vehicle dealer, trailer dealer, or motorcycle dealer to act as an agent of the Commissioner as provided in subsection A. Motor vehicle dealers, recreational vehicle dealers, trailer dealers, and motorcycle dealers who act as agents of the Commissioner of the Department of Motor Vehicles as authorized in this subsection shall be compensated as provided in subsection A.

History. Code 1950, §§ 46-29, 46-31; 1950, p. 299; 1954, c. 585; 1958, c. 541, §§ 46.1-28, 46.1-30; 1970, c. 754; 1972, c. 408, 609; 1974, c. 48; 1979, c. 20; 1989, c. 727; 1999, c. 308; 2002, c. 110; 2003, c. 991; 2015, c. 615.

The 1999 amendment, in the third paragraph, in the second sentence, inserted “nonautomated” preceding “agency for,” substituted “$500,000” for “$250,000,” and substituted “two percent of the next $500,000 of gross collections” for “three percent of the next $250,000 of gross collections made by the agency, two percent of the next $500,000 of gross collection,” and added the present fourth paragraph.

The 2002 amendments.

The 2002 amendment by c. 110, in the fourth paragraph, deleted “of the first $1,000,000” following “one-half percent” and deleted “and one percent of all gross collections in excess of $1,000,000 made by the agency” following “by the agency.”

The 2003 amendments.

The 2003 amendment by c. 991 inserted the subsection A designation; and added subsection B.

The 2015 amendments.

The 2015 amendment by c. 615 substituted “recreational” for “T&M” throughout subsection B.

OPINIONS OF THE ATTORNEY GENERAL

Compensation of local license agent. —

Pursuant to subsection C of Item 441, Acts 2010, c. 874, as amended by Acts 2011, c. 890, a county Board of Supervisors is required to appropriate to the office of a constitutional officer such as a Treasurer or Commissioner of the Revenue who is serving as a license agent for Department of Motor Vehicles, 80 percent of the funds remitted by the Department to the county for Department transactions processed by the office of the constitutional officer, and that the monies so appropriated may not be used to supplant existing local funding for such office, nor to reduce the local share of the Compensation Board-approved budget for such office below the level established pursuant to general law. See opinion of Attorney General to The Honorable Raymond A. Hunley, MCR, Commissioner of the Revenue, Mathews County, 11-047, 2011 Va. AG LEXIS 37 (8/19/11).

§ 46.2-205.1. Expired.

Editor’s note.

This section was enacted by Acts 2003, c. 1023, and expired July 1, 2005, pursuant to Acts 2003, c. 1023, cl. 3.

§ 46.2-205.2. Agreements with other agencies or contractors for other agencies; collection of fees.

The Commissioner may enter into an agreement with an agency of the Commonwealth, any other state, or the federal government, or where the underlying contract permits, a contractor for such state or federal agency, to conduct customer service transactions on behalf of that agency for the benefit of Virginia residents. For each such transaction conducted, the Department shall collect from the customer any transaction fee required by the responsible agency or contractor and remit the same to that agency or contractor in accordance with the terms of the agreement. However, the Department may receive a portion of the transaction fee required by the responsible agency or contractor in accordance with the terms of the agreement in order to defray the costs of the transaction to the Department. The Department may also impose and collect a processing fee to be used to defray the costs of the transaction to the Department. The amount of the processing fee, if imposed, shall be $2, unless otherwise specified by law. Any transaction fees received from the responsible agency or contractor or processing fees imposed and collected by the Department from the agency, contractor, or customer under this section shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

For purposes of this section, “state,” when applied to a part of the United States, means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands.

History. 2012, cc. 215, 222; 2016, c. 368.

The 2016 amendments.

The 2016 amendment by c. 368, in the first paragraph, inserted “or where the underlying contract permits, a contractor for such state or federal agency” in the first sentence, inserted “or contractor” twice in the second sentence, added the third sentence, and inserted “transaction fees received from the responsible agency or contractor or” and “from the agency, contractor, or customer” in the last sentence.

§ 46.2-206. Disposition of fees.

Except as otherwise provided in this title, all fees and moneys collected pursuant to the provisions of Chapters 1, 2, 3, 6, 8, 10, 12, and 16 through 26 of this title shall be paid into the state treasury, and warrants for the expenditure of funds necessary for the proper enforcement of this title shall be issued by the Comptroller on certificates of the Commissioner or his representatives, designated by him and bonded, that the parties are entitled thereto, and shall be paid by the State Treasurer out of such funds, not exceeding the amount appropriated in the general appropriation bill.

These funds, except as is otherwise provided in this section, shall constitute special funds within the Commonwealth Transportation Fund to be expended (i) under the direction of the Commissioner of Highways for the construction, reconstruction, and maintenance of roads and bridges in the primary state highway system, interstate system, and secondary state highway system and (ii) as authorized by the Commissioner for the expenses incident to the maintenance of the Department, including its customer service centers, and for other expenses incurred in the enforcement of this title. Any funds available for construction or reconstruction under the provisions of this section shall be, as nearly as possible, equitably apportioned by the Commonwealth Transportation Commission among the several construction districts. Beginning July 1, 1998, any balances remaining in these funds at the end of the fiscal year shall be available for use in subsequent years for the purposes set forth in this section, and any interest income on such funds shall accrue to the respective individual special funds.

There may be paid out of these funds such sums as may be provided by law for (i) contributions toward the construction, reconstruction, and maintenance of streets in cities or towns and (ii) the operation and maintenance of the Department of Transportation, the Department of Rail and Public Transportation, the Department of Aviation, the Virginia Port Authority, the Department of State Police, and the Department of Motor Vehicles.

History. Code 1950, § 46-179; 1958, cc. 541, 626, § 46.1-167; 1983, c. 566; 1987, c. 696; 1989, c. 727; 1997, c. 423.

Cross references.

As to receipt of unpaid fines, costs, forfeitures, penalties, or restitution on behalf of circuit court by Department of Motor Vehicles, see § 19.2-349.1 .

As to statements to be filed with the Commonwealth Transportation Board by transit systems, to aid in administration of this section, see § 33.2-219 .

Editor’s note.

Acts 2011, cc. 36 and 152, cl. 3 provides: “That the Virginia Code Commission shall carry out such editorial changes to the Code of Virginia as may be required to reflect the provisions of this act changing the title ‘Commonwealth Transportation Commissioner’ to ‘Commissioner of Highways.”’ “Commissioner of Highways” was substituted for “Commonwealth Transportation Commissioner” in this section.

At the direction of the Virginia Code Commission, “primary state highway system” was substituted for “state highway system” and “secondary state highway system” was substituted for “secondary system of state highways” to conform to changes by Acts 2014, c. 805, effective October 1, 2014.

§ 46.2-206.1. Repealed by Acts 2008, cc. 656 and 657, cl. 1, effective March 27, 2008.

Editor’s note.

Acts 2008, cc. 656 and 657, cl. 2 provides: “No person charged with an offense set forth in subsection C of § 46.2-206.1 prior to the effective date of this act [March 27, 2008], but not convicted prior to the effective date of this act, shall be ordered to pay a civil remedial fee pursuant to § 46.2-206.1 .”

Acts 2008, cc. 656 and 657, cl. 3 provides: “That, when the records of a court demonstrate that a person who was assessed a civil remedial fee pursuant to § 46.2-206.1 of the Code of Virginia has paid all or a portion of the civil remedial fee due to the court, the clerk of that court shall forthwith transmit notice of such payment to the Comptroller, who shall then promptly draw a warrant for payment by the State Treasurer of a refund to such person. Such refund shall be for the full amount of the civil remedial fee paid.”

Acts 2008, cc. 656 and 657, cl. 4 provides: “That, in lieu of collection of a civil remedial fee and issuance of a refund in accordance with this act, the clerk of any court that assessed any civil remedial fee pursuant to § 46.2-206.1 of the Code of Virginia shall, for those civil remedial fees subject to collection by the court which have not yet been paid, record an offsetting credit equal to the amount of the civil remedial fee still due to the court by each person assessed the fee, to reflect that the full amount of the civil remedial fee due to the court has been satisfied. The clerk of such court shall notify the person that the civil remedial fee due to the court has been satisfied and provide the person with the amount of any outstanding fines and costs owed to the court in the case. The clerk of such court shall notify the Department of Motor Vehicles that the civil remedial fee due to the court has been satisfied as to any such person and whether the person’s driver’s license was suspended pursuant to § 46.2-395 of the Code of Virginia solely for failure to pay a civil remedial fee due to the court, or any portion thereof. Upon receipt of notice from the clerk that the person’s driver’s license was suspended solely for failure to pay a civil remedial fee due to the court, the Department of Motor Vehicles shall notify such person as to whether he is eligible to have his driver’s license reinstated. If the person’s driver’s license was suspended solely for failure to pay any civil remedial fee and the person is otherwise eligible to be licensed, then the person’s driver’s license shall be reinstated by the Department and the requirements of § 46.2-411 of the Code of Virginia shall be waived.”

Acts 2008, cc. 656 and 657, cl. 5 provides: “That, in lieu of the collection of a civil remedial fee and issuance of a refund in accordance with this act, for those civil remedial fees subject to collection by the Department of Motor Vehicles in years two and three pursuant to the provisions of § 46.2-206.1 of the Code of Virginia, the Department shall, no later than the date that any civil remedial fee is due from a person in year two, record an offsetting debit and credit on the person’s driving record and in the Department’s records to reflect that the full amount of the fee has been satisfied for both years two and three. The Department shall notify such person that the balance due for the civil remedial fees for both years is zero.”

Acts 2008, cc. 656 and 657, cl. 6 provides: “Notwithstanding the 22nd enactment of Chapter 896 of the 2007 Acts of Assembly, non-collection and refund of the civil remedial fees authorized pursuant to that act shall not cause any provision of Chapter 896 which generates additional revenue for the Transportation Trust Fund, established pursuant to § 33.1-23.03:1 [see now § 33.2-1524 ] of the Code of Virginia, or the Highway Maintenance and Operating Fund, to expire.”

§ 46.2-207. Uncollected checks and electronic payments tendered for license fees or taxes; penalty.

The penalty set forth in subsection C of § 2.2-614.1 , or ten percent of the amount of the check or electronic payment, whichever is greater, shall be in addition to any other penalties imposed by the Motor Vehicle Laws of Virginia, except in a case where there is a specific penalty set forth by statute for the nonpayment or late payment of fees or taxes, in which case subsection C of § 2.2-614.1 shall apply only in the amount it exceeds the specific penalty. All moneys collected by the Commissioner from the penalties imposed under this section and § 2.2-614.1 shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department of Motor Vehicles.

History. 1972, c. 67, § 46.1-35.1; 1974, c. 210; 1976, c. 20; 1982, c. 671; 1987, c. 696; 1989, c. 727; 2001, c. 800; 2002, c. 719.

The 2001 amendments.

The 2001 amendment by c. 800 in the first sentence, substituted “the check or electronic payment is” for “the check shall be,” and inserted “or electronic payment” in three locations; and inserted “or electronic payments” following “checks” near the beginning of the second sentence.

The 2002 amendments.

The 2002 amendment by c. 719 rewrote the section.

§ 46.2-208. Records of Department; when open for inspection; release of privileged information.

  1. The following information shall be considered privileged and unless otherwise provided for in this title shall not be released except as provided in subsection B:
    1. Personal information as defined in § 2.2-3801 ;
    2. Driver information, defined as all data that relates to driver’s license status and driver activity;
    3. Special identification card information, defined as all data that relates to identification card status; and
    4. Vehicle information, including all descriptive vehicle data and title, registration, and vehicle activity data, but excluding crash data.
  2. The Commissioner shall release such information only under the following conditions:
    1. Notwithstanding other provisions of this section, medical information included in personal information shall be released only to a physician, physician assistant, or nurse practitioner in accordance with a proceeding under §§ 46.2-321 and 46.2-322 . 2, 3. [Repealed.] 15, 16. [Repealed.]
  3. Information disclosed or furnished shall be assessed a fee as specified in § 46.2-214 , unless as otherwise provided in this section.
  4. Upon the receipt of a completed application and payment of applicable processing fees, the Commissioner may enter into an agreement with any governmental authority or business to exchange information specified in this section by electronic or other means.
  5. The Department shall not release any privileged information pursuant to this title unless the Department has entered into a written agreement authorizing such release. The Department shall require the requesting entity to specify the purpose authorized pursuant to this title that forms the basis for the request and provide the permissible purpose as defined under 18 U.S.C. § 2721(b). Privileged information requested by an entity that has been altered or aggregated may be used only for the original purposes specified in the written agreement consistent with this title. The requesting entity shall disseminate privileged information only to third parties subject to the original purpose specified in the written agreement consistent with this title. Any agreement that does not allow third-party distribution shall include a statement that such distribution is prohibited. Such agreement may limit the scope of any authorized distribution consistent with this title. Privileged information distributed to any third party shall only be further distributed by such third party subject to the original purpose specified and consistent with this title, or unless such third party is the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, the authorized agent or representative of the subject of the information, or the owner of the vehicle that is the subject of the information.Any agreement entered into pursuant to this subsection between the Department and the Department of State Police shall specify (i) that privileged information shall be distributed only to authorized personnel of an entity meeting the definition of a criminal justice agency as defined in § 9.1-101 and other comparable local, state, and federal criminal justice agencies and entities issued a Virginia S-Originating Agency Identification (S-ORI) status; (ii) that privileged information shall be accessed, used, and disseminated only for the administration of criminal justice as defined in § 9.1-101 ; and (iii) that no local, state, or federal government entity, through the Virginia Criminal Information Network (VCIN) or any other method of dissemination controlled by the Department of State Police, has access to information stored by the Department in violation of the protections contained in this section. The Department of State Police shall notify the Department prior to when a new entity is to be granted S-ORI status and provide a copy of the S-ORI application to the Department. The Department of State Police shall not allow any entity to access Department data through VCIN if the Department objects in writing to the entity obtaining such data.The provisions of this subsection shall not apply to (a) requests for information made pursuant to subdivision B 4; (b) a request made by an entity authorized to receive privileged information pursuant to subsection B, provided that such request is made on a form provided by the Department, other than a written agreement, that requires the requester to certify that such entity is entitled to receive such information pursuant to this title, state the purpose authorized pursuant to subsection B that forms the basis for the request, explain why the information requested is necessary to accomplish the stated purpose, and certify that the information will be used only for the stated purpose and the information received shall not be disseminated to third parties unless there is authorization to do so; or (c) the release of information to a law-enforcement officer or agency during an emergency situation, provided that (1) the requesting entity is authorized to receive such information pursuant to subdivision B 9, (2) the timely release of such information is in the interest of public safety, and (3) the requesting entity completes the form required pursuant to clause (b) within 48 hours of the release of such information.
  6. Any person that receives any privileged information that such person knows or has reason to know was received in violation of this title shall not disseminate any such information and shall notify the Department of the receipt of such privileged information.
  7. The Department shall conduct audits annually based on a risk assessment to ensure that privileged information released by the Department pursuant to this title is being used as authorized by law and pursuant to the agreements entered into by the Department. If the Department finds that privileged information has been used in a manner contrary to law or the relevant agreement, the Department may revoke access.
  8. Any request for privileged information by an authorized agent of a governmental entity shall be governed by the provisions of subdivision B 9.

4. Upon the request of (i) the subject of the information, (ii) the parent of a minor who is the subject of the information, (iii) the guardian of the subject of the information, (iv) the authorized agent or representative of the subject of the information, or (v) the owner of the vehicle that is the subject of the information, the Commissioner shall provide him with the requested information and a complete explanation of it. Requests for such information need not be made in writing or in person and may be made orally or by telephone, provided that the Department is satisfied that there is adequate verification of the requester’s identity. When so requested in writing by (a) the subject of the information, (b) the parent of a minor who is the subject of the information, (c) the guardian of the subject of the information, (d) the authorized agent or representative of the subject of the information, or (e) the owner of the vehicle that is the subject of the information, the Commissioner shall verify and, if necessary, correct the personal information provided and furnish driver, special identification card, or vehicle information. If the requester is requesting such information in the scope of his official business as counsel from a public defender’s office or as counsel appointed by a court, such records shall be provided free of charge.

5. Upon the written request of any insurance carrier or surety, or authorized agent of either, the Commissioner shall furnish to such requester information in the record of any person subject to the provisions of this title. The transcript shall include any record of any conviction of a violation of any provision of any statute or ordinance relating to the operation or ownership of a motor vehicle or of any injury or damage in which he was involved and a report filed pursuant to § 46.2-373 . No such report of any conviction or crash shall be made after 60 months from the date of the conviction or crash unless the Commissioner or court used the conviction or crash as a reason for the suspension or revocation of a driver’s license or driving privilege, in which case the revocation or suspension and any conviction or crash pertaining thereto shall not be reported after 60 months from the date that the driver’s license or driving privilege has been reinstated. The response of the Commissioner under this subdivision shall not be admissible in evidence in any court proceedings.

6. Upon the written request of any business organization or its authorized agent, in the conduct of its business, the Commissioner shall compare personal information supplied by the requester with that contained in the Department’s records and, when the information supplied by the requester is different from that contained in the Department’s records, provide the requester with correct information as contained in the Department’s records. Personal information provided under this subdivision shall be used solely for the purpose of pursuing remedies that require locating an individual.

7. Upon the written request of any business organization or its authorized agent, the Commissioner shall provide vehicle information to the requester. Disclosures made under this subdivision shall not include any personal information, driver information, or special identification card information and shall not be subject to the limitations contained in subdivision 6.

8. Upon the written request of any motor vehicle rental or leasing company or its authorized agent, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department’s records and, when the information supplied by the requester is different from that contained in the Department’s records, provide the requester with correct information as contained in the Department’s records and (ii) provide the requester with driver information of any person subject to the provisions of this title. Such information shall include any record of any conviction of a violation of any provision of any statute or ordinance relating to the operation or ownership of a motor vehicle or of any injury or damage in which the subject of the information was involved and a report of which was filed pursuant to § 46.2-373 . No such information shall include any record of any conviction or crash more than 60 months after the date of such conviction or crash unless the Commissioner or court used the conviction or crash as a reason for the suspension or revocation of a driver’s license or driving privilege, in which case the revocation or suspension and any conviction or crash pertaining thereto shall cease to be included in such information after 60 months from the date on which the driver’s license or driving privilege was reinstated. The response of the Commissioner under this subdivision shall not be admissible in evidence in any court proceedings.

9. Upon the request of any federal, state, or local governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing, the Commissioner shall compare personal information supplied by the requester with that contained in the Department’s records and, when the information supplied by the requester is different from that contained in the Department’s records, provide the requester with correct information as contained in the Department’s records. The Commissioner shall also provide driver, special identification card, and vehicle information as requested pursuant to this subdivision. The Commissioner may release other appropriate information to the governmental entity upon request. Upon request in accordance with this subdivision, the Commissioner shall furnish a certificate, under seal of the Department, setting forth a distinguishing number or license plate of a motor vehicle, trailer, or semitrailer, together with the name and address of its owner. The certificate shall be prima facie evidence in any court in the Commonwealth of the ownership of the vehicle, trailer, or semitrailer to which the distinguishing number or license plate has been assigned by the Department. However, the Commissioner shall not release any photographs pursuant to this subdivision unless the requester provides the depicted individual’s name and other sufficient identifying information contained on such individual’s record. The information in this subdivision shall be provided free of charge.The Department shall release to a requester information that is required for a requester to carry out the requester’s official functions in accordance with this subdivision. If the requester has entered into an agreement with the Department, such agreement shall be in a manner prescribed by the Department, and such agreement shall contain the legal authority that authorizes the performance of the requester’s official functions and a description of how such information will be used to carry out such official functions. If the Commissioner determines that sufficient authority has not been provided by the requester to show that the purpose for which the information shall be used is one of the requester’s official functions, the Commissioner shall refuse to enter into any agreement. If the requester submits a request for information in accordance with this subdivision without an existing agreement to receive the information, the request shall be in a manner prescribed by the Department, and such request shall contain the legal authority that authorizes the performance of the requester’s official functions and a description of how such information will be used to carry out such official functions. If the Commissioner determines that sufficient authority has not been provided by the requester to show that the purpose for which such information shall be used is one of the requester’s official functions, the Commissioner shall deny such request.Notwithstanding the provisions of this subdivision, the Department shall not disseminate to any federal, state, or local government entity, law-enforcement officer, or law-enforcement agency any privileged information for any purposes related to civil immigration enforcement unless (i) the subject of the information provides consent or (ii) the requesting agency presents a lawful judicial order, judicial subpoena, or judicial warrant. When responding to a lawful judicial order, judicial subpoena, or judicial warrant, the Department shall disclose only those records or information specifically requested. Within three business days of receiving a request for information for the purpose of civil immigration enforcement, the Commissioner shall send a notification to the individual about whom such information was requested that such a request was made and the identity of the entity that made such request.The Department shall not enter into any agreement pursuant to subsection E with a requester pursuant to this subdivision unless the requester certifies that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement.

10. Upon the request of the driver licensing authority in any foreign country, the Commissioner shall provide whatever driver and vehicle information the requesting authority shall require to carry out its official functions. The information shall be provided free of charge.

11. a. For the purpose of obtaining information regarding noncommercial driver’s license holders, upon the written request of any employer, prospective employer, or authorized agent of either, and with the written consent of the individual concerned, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department’s records and, when the information supplied by the requester is different from that contained in the Department’s records, provide the requester with correct information as contained in the Department’s records and (ii) provide the requester with driver information in the form of a transcript of an individual’s record, including all convictions, all crashes, any type of driver’s license that the individual currently possesses, and all driver’s license suspensions, revocations, cancellations, or forfeiture, provided that such individual’s position or the position that the individual is being considered for involves the operation of a motor vehicle.

b. For the purpose of obtaining information regarding commercial driver’s license holders, upon the written request of any employer, prospective employer, or authorized agent of either, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department’s records and, when the information supplied by the requester is different from that contained in the Department’s records, provide the requester with correct information as contained in the Department’s records and (ii) provide the requester with driver information in the form of a transcript of such individual’s record, including all convictions, all crashes, any type of driver’s license that the individual currently possesses, and all driver’s license suspensions, revocations, cancellations, forfeitures, or disqualifications, provided that such individual’s position or the position that the individual is being considered for involves the operation of a commercial motor vehicle.

12. Upon the written request of any member of a volunteer fire company or volunteer emergency medical services agency and with written consent of the individual concerned, or upon the request of an applicant for membership in a volunteer fire company or to serve as volunteer emergency medical services personnel, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department’s records and, when the information supplied by the requester is different from that contained in the Department’s records, provide the requester with correct information as contained in the Department’s records and (ii) provide driver information in the form of a transcript of the individual’s record, including all convictions, all crashes, any type of driver’s license that the individual currently possesses, and all license suspensions, revocations, cancellations, or forfeitures. Such transcript shall be provided free of charge if the request is accompanied by appropriate written evidence that the person is a member of or applicant for membership in a volunteer fire company or a volunteer emergency medical services agency and the transcript is needed by the requester to establish the qualifications of the member, volunteer, or applicant to operate equipment owned by the volunteer fire company or volunteer emergency medical services agency.

13. Upon the written request of a Virginia affiliate of Big Brothers Big Sisters of America, a Virginia affiliate of Compeer, or the Virginia Council of the Girl Scouts of the USA, and with the consent of the individual who is the subject of the information and has applied to be a volunteer with the requester, or on the written request of a Virginia chapter of the American Red Cross, a Virginia chapter of the Civil Air Patrol, or Faith in Action, and with the consent of the individual who is the subject of the information and applied to be a volunteer vehicle operator with the requester, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department’s records and, when the information supplied by the requester is different from that contained in the Department’s records, provide the requester with correct information as contained in the Department’s records and (ii) provide driver information in the form of a transcript of the applicant’s record, including all convictions, all crashes, any type of driver’s license that the individual currently possesses, and all license suspensions, revocations, cancellations, or forfeitures. Such transcript shall be provided at a fee that is one-half the normal charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer or volunteer vehicle operator with the requester as provided in this subdivision.

14. On the written request of any person who has applied to be a volunteer with a court-appointed special advocate program pursuant to § 9.1-153 , the Commissioner shall provide a transcript of the applicant’s record, including all convictions, all crashes, any type of driver’s license that the individual currently possesses, and all license suspensions, revocations, cancellations, or forfeitures. Such transcript shall be provided free of charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer with a court-appointed special advocate program pursuant to § 9.1-153 .

17. Upon the request of an attorney representing a person involved in a motor vehicle crash, the Commissioner shall provide the vehicle information for any vehicle involved in the crash and the name and address of the owner of any such vehicle.

18. Upon the request, in the course of business, of any authorized agent of an insurance company or of any not-for-profit entity organized to prevent and detect insurance fraud, or perform rating and underwriting activities, the Commissioner shall provide (i) all vehicle information, the owner’s name and address, descriptive data and title, registration, and vehicle activity data, as requested, or (ii) the driver name, license number and classification, date of birth, and address information for each driver under the age of 22 licensed in the Commonwealth, provided that such request includes the driver’s license number or address information of such driver. Use of such information shall be limited to use in connection with insurance claims investigation activities, antifraud activities, rating, or underwriting.

19. [Repealed.]

20. Upon the written request of the compliance agent of a private security services business, as defined in § 9.1-138 , which is licensed by the Virginia Department of Criminal Justice Services, the Commissioner shall provide the name and address of the owner of the vehicle under procedures determined by the Commissioner.

21. Upon the request of the operator of a toll facility, a traffic light photo-monitoring system acting on behalf of a government entity, or the Dulles Access Highway, or an authorized agent or employee of a toll facility operator or traffic light photo-monitoring system operator acting on behalf of a government entity or the Dulles Access Highway, for the purpose of obtaining vehicle owner data under subsection M of § 46.2-819.1 or subsection H of § 15.2-968.1 or subsection N of § 46.2-819.5 . Information released pursuant to this subdivision shall be limited to the name and address of the owner of the vehicle having failed to pay a toll or having failed to comply with a traffic light signal or having improperly used the Dulles Access Highway and the vehicle information, including all descriptive vehicle data and title and registration data of the same vehicle.

22-26. [Repealed.]

27. Upon the written request of the executor or administrator of a deceased person’s estate, the Department shall, if the deceased person had been issued a driver’s license or special identification card by the Department, supply the requester with a hard copy image of any photograph of the deceased person kept in the Department’s records.

28. [Repealed.]

29. a. Upon written agreement, the Commissioner may digitally verify the authenticity and validity of a driver’s license, learner’s permit, or special identification card to the American Association of Motor Vehicle Administrators, a motor vehicle dealer as defined in § 46.2-1500 , or another organization approved by the Commissioner.

b. Upon written agreement, the Commissioner may release minimum information as needed in the Department’s record through any American Association of Motor Vehicle Administrators service program created for the purpose of the exchange of information to any business, government agency, or authorized agent who would otherwise be authorized to receive the information requested pursuant to this section.

30. Upon the request of the operator of a video-monitoring system as defined in § 46.2-844 acting on behalf of a government entity, the Commissioner shall provide vehicle owner data pursuant to subsection B of § 46.2-844 . Information released pursuant to this subdivision shall be limited to the name and address of the owner of the vehicle having passed a stopped school bus and the vehicle information, including all descriptive vehicle data and title and registration data for such vehicle.

31. Upon the request of the operator of a photo speed monitoring device as defined in § 46.2-882.1 acting on behalf of a government entity, the Commissioner shall provide vehicle owner data pursuant to subsection B of § 46.2-882.1 . Information released pursuant to this subdivision shall be limited to the name and address of the owner of the vehicle having committed a violation of § 46.2-873 or 46.2-878.1 and the vehicle information, including all descriptive vehicle data and title and registration data, for such vehicle.

32. Notwithstanding the provisions of this section other than subdivision 33, the Department shall not release, except upon request by the subject of the information, the guardian of the subject of the information, the parent of a minor who is the subject of the information, or the authorized agent of the subject of the information, or pursuant to a court order, (i) proof documents submitted for the purpose of obtaining a driving credential or a special identification card, (ii) the information in the Department’s records indicating the type of proof documentation that was provided, or (iii) applications relating to the issuance of a driving credential or a special identification card. As used in this subdivision, “proof document” means any document not originally created by the Department that is submitted to the Department for the issuance of any driving credential or special identification card. “Proof document” does not include any information contained on a driving credential or special identification card.

33. Notwithstanding the provisions of this section, the Department may release the information in the Department’s records that it deems reasonable and necessary for the purpose of federal compliance audits.

History. Code 1950, § 46-32; 1958, c. 541, § 46.1-31; 1964, c. 42; 1976, c. 505; 1979, c. 611; 1980, c. 23; 1982, c. 226; 1986, c. 607; 1989, cc. 705, 727; 1991, c. 307; 1993, cc. 48, 348; 1994, cc. 304, 700, 830, 959; 1995, cc. 118, 657, 676, 686; 1998, cc. 147, 802; 1998, Sp. Sess. I, c. 2; 2002, cc. 131, 710; 2003, c. 768; 2004, cc. 811, 855; 2005, cc. 376, 443; 2006, cc. 396, 846, 859; 2007, cc. 79, 156, 188, 447; 2009, c. 664; 2010, cc. 15, 175, 813, 865; 2011, c. 321; 2013, cc. 673, 789; 2015, cc. 502, 503; 2016, c. 753; 2017, c. 547; 2019, cc. 543, 544; 2020, cc. 701, 1232; 2021, Sp. Sess. I, c. 421.

Cross references.

As to the authority of the Commissioner of the Department of Motor Vehicles to release vehicle information to a prospective purchaser, see § 46.2-209.1 .

As to accident report of law-enforcement officer involved in accident, see § 46.2-373.1 .

Editor’s note.

Acts 2004, c. 855, which inserted “or nurse practitioner” in subdivision B 1, in cl. 2 provides: “That this act shall take effect 60 days following the effective date of the regulations promulgated by the Board of Medicine and Board of Nursing required by the third enactment clause of this act.” Emergency regulations took effect July 15, 2004.

Acts 2004, c. 855, cl. 3 provides: “That the Board of Medicine and Board of Nursing shall amend regulations governing the licensure of nurse practitioners to be effective within 280 days of enactment of this act. Such amendments shall require inclusion of the nurse practitioner’s authority for signatures, certifications, stamps, verifications, affidavits and endorsements in the written protocol between the supervising physician and the nurse practitioner.” See 20:24 VA. R. 2974-2975.

References in this section were updated at the direction of the Virginia Code Commission to conform to the recodification of Title 33.2 by Acts 2014, c. 805, effective October 1, 2014.

Acts 2016, c. 753, cl. 4 provides: “That the provisions of this act shall apply to violations that occur on or after July 1, 2016.”

Acts 2021, Sp. Sess. I, c. 421, cl. 2 provides: “That the Department of State Police shall submit annually on July 1 to the Commissioner of the Department of Motor Vehicles, the Chairman of the House Committee on Communications, Technology and Innovation and the Chairman of the Senate Committee on General Laws and Technology a list of the governmental entities with access to the Department of Motor Vehicles’ privileged information through VCIN and the International Justice and Public Safety Network.”

The 1998 amendments.

The 1998 amendment by c. 147 added subsection I.

The 1998 amendment by c. 802, in subsection B, added subdivision (21).

The 1998 amendment by c. 2 (Sp. Sess. I), effective May 20, 1998, in B 9, deleted “or” preceding “court” throughout the subdivision; and inserted “or the authorized agent of any of the foregoing” throughout the subdivision.

The 2002 amendments.

The 2002 amendment by c. 131 added subdivision B 22 and deleted “of this section” at the end of subsection I.

The 2002 amendment by c. 710 redesignated former clauses (i) through (iv) as present clauses (a) through (d) in the final sentence of subdivision B 4; substituted “that” for “which” in the final sentence of subdivision B 6; added subdivision B 23; and deleted “of this section” at the end of subsection I.

The 2003 amendments.

The 2003 amendment by c. 768 substituted “60” for “sixty” in subdivisions B 5 and B 8, and substituted “subsection I” for “subsection H” in subdivision B 21.

The 2004 amendments.

The 2004 amendment by c. 811, in subdivision B 18, in the first sentence, inserted “or perform rating and underwriting activities,” “to such person,” and the clause (i) designation and substituted “as requested or” for “to such person” and added clause (ii) and the last sentence.

The 2004 amendment by c. 855 inserted “or nurse pratitioner” in subdivision B 1. For effective date, see Editor’s notes.

The 2005 amendments.

The 2005 amendment by c. 376 inserted “§ 18.2-36.2 ” in subsection I and made a minor stylistic change,

The 2005 amendment by c. 443 inserted subdivision B 24.

The 2006 amendments.

The 2006 amendment by c. 396 inserted “physician assistant” in subdivision B 1.

The 2006 amendment by c. 846, in subdivision B 9, deleted “law enforcement officer, attorney for the Commonwealth, court” after “local government agency” and “the” before “authorized agent” toward the beginning of the subdivision, deleted “officer, attorney for the Commonwealth, court” after “government entity” at four places through the remainder of the subdivision, and inserted the last sentence; inserted subdivision B 9a; inserted the last sentence of subdivision B 10; substituted “at a fee that is one-half the normal charge” for “free of charge” in the last sentences of subdivisions B 13, B 22, and B 24; and inserted subdivision B 25.

The 2006 amendment by c. 859, in subdivision B 21, substituted “L” for “I” for the designation before § 46.2-819.1 and added the last sentence.

The 2007 amendments.

The 2007 amendments by cc. 79 and 188 are identical, and added subdivision B 26.

The 2007 amendments by cc. 156 and 447 are identical, and, in subdivision B 9, inserted “local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, court,” five times, inserted “the” preceding “authorized agent” near the beginning of the introductory clause, and rewrote the last sentence; and deleted former subdivision B 9a, relating to law-enforcement officers, attorney for the Commonwealth and Court’s now in subdivision B 9.

The 2009 amendments.

The 2009 amendment by c. 664, effective October 1, 2009, substituted “§§ 46.2-633 , 46.2-644.02 , 46.2-644.03 ” for “§§ 43-33 , 43-34 , 46.2-633 ” in subsection F.

The 2010 amendments.

The 2010 amendment by c. 15 added subdivision B 27.

The 2010 amendment by c. 175, in subdivision B 21, in the first sentence, inserted “or traffic light photo-monitoring system acting on behalf of a government entity” following “toll facility,” “or traffic light photo-monitoring system operator acting on behalf of a government entity” following “facility operator” and “or subsection H of § 15.2-968.1 ” at the end and inserted “or having failed to comply with a traffic light signal” following “pay a toll” in the last sentence.

The 2010 amendments by cc. 813 and 865 are identical, and in subdivision B 21, inserted “or of the Dulles Access Highway,” “or the Dulles Access Highway,” “or subsection N of § 46.2-819.5 ,” and “or having improperly used the Dulles Access Highway.”

The 2011 amendments.

The 2011 amendment by c. 321 added subdivision B 28.

The 2013 amendments.

The 2013 amendments by cc. 673 and 789 are identical, and added subsection J.

The 2015 amendments.

The 2015 amendments by cc. 502 and 503 are identical, and deleted “of this subsection” at the end of subdivision B 7; in subdivision B 12, substituted “emergency medical services agency” for “rescue squad” throughout the subdivision, substituted “any volunteer emergency medical services personnel or applicant to serve as volunteer emergency medical services personnel” for “volunteer rescue squad” following “company or” and inserted “personnel” following “member’s” and “volunteer” following “member.”

The 2016 amendments.

The 2016 amendment by c. 753, in subdivision B 21, substituted “subsection M of Section 46.2-819.1 ” for “subsection L of Section 46.2-819.1 ” and deleted “registered” preceding “owner of the vehicle.” For applicability clause, see Editor’s note.

The 2017 amendments.

The 2017 amendment by c. 547 added subdivision B 29.

The 2019 amendments.

The 2019 amendments by cc. 543 and 544 are identical, and in subdivision B 9, divided the first sentence into two sentences by substituting “The Commissioner may also release” for “and”; added subdivision B 30; and made stylistic changes.

The 2020 amendments.

The 2020 amendment by c. 701, effective April 6, 2020, rewrote the section.

The 2020 amendment by c. 1232 added subdivision B 31.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 421, effective July 1, 2021, in the introductory language of subsection A, substituted “The following information” for “The information outlined below”; in subdivision B 4, inserted “agent or” twice; in subdivision B 5, substituted “any insurance carrier or surety, or authorized agent” for “any insurance carrier, surety, or representative”; in subdivision B 7, inserted “driver information, or special identification card information”; added the third and fourth paragraphs in subdivision B 9; in subdivision B 18, substituted “agent” for “representative” and “the driver name” for “all driver information, including name”; in subdivision B 29 b, substituted “Upon written agreement, the Commissioner may release minimum information as needed” for “The Commissioner may release information”; in subdivision B 32, substituted “agent” for “representative”; and added subsections E-H.

Law Review.

For a note, “Invaluable Tool vs. Unfair Use of Private Information: Examining Prosecutors’ Use of Jurors’ Criminal History Records in Voir Dire,” see 56 Wash. & Lee L. Rev. 1079 (1999).

For 2006 survey article, “Health Care Law,” see 41 U. Rich. L. Rev. 179 (2006).

CASE NOTES

The case below was decided under former Title 46.1 or prior law.

Establishing ownership of motor vehicle in which stolen goods found. —

In a prosecution for burglary and larceny, the testimony of a deputy sheriff that the car in which the belongings had been found was registered to the petitioner was hearsay where he was repeating the statement of an anonymous declarant and did not have first-hand knowledge concerning the ownership of the automobile and could not attest under cross-examination to the reliability of the information or to the method of its compilation. The reliability of the information could have been established by one of two procedures: namely, by the calling of the actual compiler of the report as a witness; or, pursuant to this section and former § 46.1-34.1 (see now § 46.2-215 ) by the proffering of the certificate of the license plate number of the motor vehicle as prima facie evidence of ownership. Coleman v. Johnson, 574 F. Supp. 360, 1983 U.S. Dist. LEXIS 13285 (W.D. Va. 1983).

CIRCUIT COURT OPINIONS

Law-enforcement exception. —

Where defendant had no expectation of privacy in a license plate number openly displayed on a car he was driving and official access to the Department of Motor Vehicles database was permitted by subdivision B 9 of § 46.2-208 , any expectation of privacy created by subsection A of § 46.2-208 was overcome by the statutory exception for law-enforcement functions. The Commonwealth’s vital interest in promoting public safety sufficiently justified the limited access to personal information in subdivision B 9 of § 46.2-208. Commonwealth v. DePriest, 75 Va. Cir. 456, 2007 Va. Cir. LEXIS 269 (Henrico County June 22, 2007).

Applicability to court proceedings. —

Unnamed person did not satisfy any of the factors to weigh in order to satisfy the burden imposed under § 8.01-15.1 to show “special circumstances” that outweighed the public’s interest in knowing the identity of a petitioner and prejudice to the petitioner to allow anonymity because this section, which protected disclosure of driving records, applied only to Department of Motor Vehicles and not court proceedings. Doe v. Commonwealth, 85 Va. Cir. 419, 2012 Va. Cir. LEXIS 151 (Richmond Oct. 9, 2012).

§ 46.2-208.1. Electronic transfer of information in Department records for voter registration purposes.

Notwithstanding the provisions of § 46.2-208 , the Commissioner shall provide for the electronic transfer of information from the Department’s records to the Department of Elections and the general registrars for the purpose of voter registration as required by Chapter 4 (§ 24.2-400 et seq.) of Title 24.2, including but not limited to the purposes of § 24.2-410.1 . Except as provided in §§ 24.2-404 and 24.2-444 , the Department of Elections and the general registrars shall not make information provided by the Department available to the public and shall not provide such information to any third party.

History. 1999, c. 118; 2006, cc. 926, 940; 2011, c. 528; 2020, c. 701.

The 2006 amendments.

The 2006 amendments by cc. 926 and 940, effective January 1, 2007, are identical, and inserted “including but not limited to the purposes of § 24.2-410.1 ” at the end of the first sentence.

The 2011 amendments.

The 2011 amendment by c. 528 inserted “24.2-404 and” and made a related change.

The 2020 amendments.

The 2020 amendment by c. 701, effective April 6, 2020, substituted “Department of Elections” for “State Board of Elections” twice; and in the first sentence, inserted “(§ 24.2-400 et seq.).”

§ 46.2-208.2. Repealed by Acts 2020, c. 701, cl. 2, effective April 6, 2020.

Editor’s note.

Former § 46.2-208.2 , pertaining to publication of certain information related to delinquent accounts, derived from Acts 2011, cc. 881, 889.

§ 46.2-208.3. Notice by Department.

The Department may send notice of a driver’s license renewal pursuant to § 46.2-330 or a vehicle registration renewal in the form of a postcard to a customer at the address shown on the records of the Department. Notwithstanding the provisions of § 46.2-208 , the Department may put sufficient information on the face of the postcard to provide the recipient with adequate notice of renewal. Such information shall only be disclosed as permitted in this section.

History. 2020, c. 701.

§ 46.2-209. Release of information in Department records for motor vehicle research purposes.

  1. For the purposes of this section, “privileged information” means:
    1. Personal information as defined in § 2.2-3801 ;
    2. Driver information, defined as all data that relates to driver’s license status and driver activity;
    3. Special identification card information, defined as all data that relates to identification card status; and
    4. Vehicle information, defined as title number and registration number.
  2. Notwithstanding the provisions of subsections A and E of § 46.2-208 , the Commissioner may furnish privileged information for motor vehicle research purposes, or in other cases wherein, in his opinion, highway safety or the general welfare of the public will be promoted by furnishing the information, and the recipient of the information has agreed in writing with the Commissioner or his designee that the information furnished will be used for no purpose other than the purpose for which it was furnished. No such information shall be used for solicitation of sales. The Commissioner shall not disclose, pursuant to this section, an individual’s social security number or lack thereof, driver’s license or special identification card number, Individual Tax ID Number, country of origin, immigration status, or place of birth or the type of document issued to the individual pursuant to Chapter 3 (§ 46.2-300 et seq.).
  3. No privileged information released pursuant to this section shall be distributed by any recipient of such information to a third party for a purpose other than the purpose for which it was furnished. Privileged information requested by an entity that has been altered or aggregated may only be used for the original purposes specified in the written agreement and shall be subject to the protections of this section. Any agreement that does not allow third-party distribution shall include a statement that such distribution is prohibited. Such agreement may limit the scope of any authorized distribution.

History. 1976, c. 505, § 46.1-31.1; 1989, c. 727; 1994, c. 959; 1995, c. 118; 2021, Sp. Sess. I, c. 421.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 421, effective July 1, 2021, added subsections A and C and redesignated the existing provisions as subsection B; and in subsection B, inserted “subsections A and E of” and “privileged,” deleted “when the information is furnished in such a manner that individuals cannot be identified, by social security or license number” following “motor vehicle research purposes,” and added the last sentence.

§ 46.2-209.1. Release of vehicle information by Department to prospective vehicle purchasers.

Notwithstanding the provisions of subsection A of § 46.2-208 , the Commissioner may furnish vehicle information to a prospective purchaser of that vehicle, if the prospective purchaser completes an application therefor, including the vehicle’s make, model, year, and vehicle identification number, and pays the fee prescribed by the Commissioner. Such information furnished by the Commissioner may be provided from the Department’s own records, or may be obtained by the Commissioner through the National Motor Vehicle Title Information System or any other nationally recognized system providing similar information.

Notwithstanding the provisions of § 46.2-208 , the Commissioner shall furnish vehicle information for a manufactured home to a bona fide prospective purchaser or home owner of such manufactured home, real estate agent, title insurer, settlement agent, attorney, manufactured home dealer, manufactured home broker, or loan officer, provided that any requester completes an application therefor, provides sufficient information to identify the manufactured home and the intent to purchase, and pays the fee prescribed by the Commissioner. Such information furnished by the Commissioner may be provided from the Department’s own records or may be obtained by the Commissioner through the National Motor Vehicle Title Information System or any other nationally recognized system providing similar information.

Nothing in this section shall be construed to authorize the release of any personal information, driver information, or special identification card information as defined in § 46.2-208 .

History. 2000, cc. 87, 92, 235, 257; 2021, Sp. Sess. I, c. 421; 2022, c. 479.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 421, effective July 1, 2021, inserted “subsection A of” in the first paragraph; and in the second paragraph, inserted “driver information, or special identification card information” and substituted “§ 46.2-208 ” for “§ 2.2-3801 .”

The 2022 amendments.

The 2022 amendment by c. 479 added the second paragraph.

§ 46.2-210. List of registrations and titles.

The Commissioner shall have prepared a list of registrations and titles and furnish it to the commissioner of the revenue of each county and city without cost. The Commissioner shall not make such list available to the public, nor shall any commissioner of the revenue make such list available to any third party.

History. Code 1950, § 46-33; 1958, c. 541, § 46.1-32; 1989, c. 727; 1994, c. 959.

Cross references.

As to reporting related to conversion of manufactured home to real property, see § 46.2-653.1 .

§ 46.2-211. Commissioner to advise local commissioners of revenue of situs of certain vehicles.

Before issuing any registration or certificate of title for any tractor truck, or any three-axle truck, trailer, or semitrailer with a registered gross weight in excess of 26,000 pounds, the Commissioner shall determine the county, city, or town in which the vehicle is or will be normally garaged or parked, and shall advise each commissioner of the revenue of the situs of such vehicles as may be in his jurisdiction. The provisions of this section shall not apply to motor vehicles and rolling stock of certificated intrastate common carriers, or electric power, gas, pipeline transmission, railroad, telegraph, telephone, and water companies.

History. 1974, c. 47, § 46.1-32.1; 1989, c. 727.

§ 46.2-212. Notice given for records supplied.

Whenever any records held by the Department are supplied to third persons, the third persons shall notify the subject of the records that the records have been supplied and shall send to the subject a copy of the records.

As used in this section “records supplied to third persons” means all abstracts of operating records held by the Department in which the person who is the subject of the records is identified or identifiable, where the records are made available, in any way, to a person who is not the subject of the records.

This section shall not apply to records supplied to any officials, including court and police officials of the Commonwealth and of any of the counties, cities, and towns of the Commonwealth, and court and law-enforcement officials of other states and of the federal government, provided the records or information supplied is for official use; nor shall this section apply to any records supplied to any insurer or its agents unless insurance is denied or the premium charged therefor is increased either wholly or in part because of information contained in such records.

History. 1976, c. 505, § 46.1-33.1; 1989, c. 727.

§ 46.2-212.1. Payments by payment devices.

The Commissioner may authorize the acceptance of payment devices in lieu of money for payment of any fees, fines, penalties, and taxes collected by the Department of Motor Vehicles or agents acting on behalf of the Department. The Department may add to such payment an amount of no more than four percent of the payment as a service charge for the acceptance of a payment device.

The Commissioner may authorize a Department transaction receipt to be used with existing Department documents as evidence that the holder has complied with Department payment requirements, provided that the transaction is completed before the document’s expiration date. However, a transaction receipt for expired vehicle registrations that are renewed online within 90 days of expiration with the payment of all required fees may serve as evidence that the holder has complied with Department payment requirements. Any such transaction receipt shall include detailed information as to length of time by which the document’s period of validity will be extended and how the transaction receipt is to be verified.

History. 1989, c. 62, § 46.1-33.2; 1996, cc. 943, 994; 2000, c. 122; 2017, c. 547.

Cross references.

As to receipt of unpaid fines, costs, forfeitures, penalties, or restitution on behalf of circuit court by Department of Motor Vehicles, see § 19.2-349.1 .

Editor’s note.

Acts 2008, c. 879, Item 441 B, as amended by Acts 2009, c. 781, effective for the biennium ending June 30, 2010, provides: “The Department of Motor Vehicles shall work to increase the use of alternative service delivery methods. As part of its effort to shift customers to internet usage where applicable, the department shall not charge its customers for the use of credit cards for internet or other types of transactions. To mitigate the impact of the Real ID Act of 2005 on customer service centers, the Department of Motor Vehicles shall promulgate policies to direct vehicle registration renewal transactions to more efficient delivery channels pursuant to the provisions of Senate Bill 116 (2008). In addition, notwithstanding the provisions § 46.2-342 , Code of Virginia, and in accordance with the newly released regulations governing the Real ID Act of 2005, the Department may issue driver’s licenses and identification cards with photographs in color or black and white.”

The 2000 amendments.

The 2000 amendment by c. 122 added the second paragraph.

The 2017 amendments.

The 2017 amendment by c. 547, in the second paragraph, inserted “that” preceding “the transaction” in the first sentence, and inserted the second sentence.

§ 46.2-212.2. Automatic payments.

Upon application of any person, the Commissioner may (i) include in that person’s records with the Department such credit card or automated clearing house transfer information as is necessary to enable automatic payments of fees, fines, penalties, and taxes payable by that person to the Department, and (ii) authorize the automatic payment by credit card or electronic funds transfer of any such fees, fines, penalties, and taxes. The Commissioner may procure the services of a third-party vendor for the secure storage of information collected under this section. Prior to the completion of any automatic payment transaction, the Commissioner shall provide notice to the person who has requested automatic payments, which notice shall state the reason for the charge and the amount to be charged, and shall provide the person an opportunity to cancel the transaction.

History. 2013, cc. 673, 789.

§ 46.2-213. Repealed by Acts 2020, c. 701, cl. 2, effective April 6, 2020.

Cross references.

For current provisions as to certificate of license plate number and its use as prima facie evidence of ownership, see § 46.2-208 .

Editor’s note.

Former § 46.2-213 , pertaining to certificate of license plate number and its use as prima facie evidence of ownership, derived from Code 1950, § 46-35; 1958, c. 541, § 46.1-34; 1989, c. 727.

§ 46.2-214. Charges for information supplied by Department.

The Commissioner may make a reasonable charge for furnishing information under this title, but no fee shall be charged to any official of the Commonwealth, including court and police officials; officials of counties, cities, or towns; local government group self-insurance pools; or court, police, or licensing officials of other states or of the federal government, provided that the information requested is for official use and such officials do not charge the Commonwealth a fee for the provision of the same or substantially similar information. The fees received by the Commissioner under this section shall be paid into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

History. 1976, c. 505, § 46.1-31.2; 1989, c. 727; 1991, c. 167; 2006, c. 846; 2007, cc. 156, 447; 2016, c. 368.

The 2006 amendments.

The 2006 amendment by c. 846 substituted “federal, state, or local law-enforcement officer, attorney for the Commonwealth, official of any federal or state court, or the authorized agent of any of the foregoing” for “officials, including court and police officials, of the Commonwealth and of any of the counties, towns, and cities of the Commonwealth and court, police, and licensing officials of other states and of the federal government.”

The 2007 amendments.

The 2007 amendments by cc. 156 and 447 are identical, and substituted “official of the Commonwealth, including court and police officials; officials of counties, cities, and towns; local government group self-insurance pools; and court, police, and licensing officials of other states and of the federal government” for “federal, state, or local law-enforcement officer, attorney for the Commonwealth, official of any federal or state court, or the authorized agent of any of the foregoing.”

The 2016 amendments.

The 2016 amendment by c. 368, in the first sentence, substituted “or” for “and” preceding “towns,” “court, police” “licensing officials” and “of the federal government” and added “and such officials do not charge the Commonwealth a fee for the provision of the same or substantially similar information” at the end.

§ 46.2-214.1. Additional charge for information supplied by Department.

Beginning July 1, 2002, in addition to the fee charged pursuant to § 46.2-214 , the Commissioner shall charge $2 for furnishing information under this title, but no fee shall be charged to any official, including court and police officials, of the Commonwealth or any county, city or town of the Commonwealth, or to court, police, and licensing officials of other states or of the federal government, provided that the information requested is for official use.

History. 2003, c. 1042, cl. 9.

Editor’s note.

This section is effective May 1, 2003.

Acts 2003, c. 1042, provides in clause 14 that the act is effective on its passage as provided in subsection C of § 1-12.

§ 46.2-214.2. Waiver of certain fees by Department.

The Department may waive the fee for a duplicate driver’s license that would have otherwise been imposed by the Department under this title if the person subject to the fee is on active duty with the armed forces of the United States outside the boundaries of the United States.

History. 2008, c. 502.

§ 46.2-214.3. Discount for multiyear registration.

  1. Pursuant to subsection C of § 46.2-646 , for each motor vehicle, trailer, or semitrailer registered, the Commissioner may offer, at his discretion, a discount for multiyear registrations of such vehicles. The discount shall be equal to $1 for each year of the multiyear registration or fraction thereof. The discount shall not be applicable to any motor vehicle, trailer, or semitrailer registered (i) under the International Registration Plan or (ii) as an uninsured motor vehicle. When this option is offered and chosen by the registrant, all annual and 12-month fees due at the time of registration shall be multiplied by the number of years or fraction thereof that the vehicle will be registered.
  2. In addition to the discount authorized in subsection A, for the renewal of registration of each motor vehicle, trailer, or semitrailer pursuant to § 46.2-646 , the Commissioner shall offer a discount for renewal when such registration renewal is conducted using the Internet. The discount shall be equal to $1. The discount shall not apply to any motor vehicle, trailer, or semitrailer registered (i) under the International Registration Plan or (ii) as an uninsured motor vehicle.

History. 2008, c. 866; 2020, cc. 1230, 1275.

The number of this section was assigned by the Virginia Code Commission, the number in the 2008 acts having been § 46.2-214.2 .

Editor’s note.

At the direction of the Virginia Code Commission, “subsection D” was substituted for “paragraph D” in subsection E.

Acts 2008, c. 866, cl. 2 provides: “That the Commissioner of the Department of Motor Vehicles shall submit reports to the Governor and General Assembly regarding the Department’s progress towards transitioning to centralized issuance of driver’s licenses, learner’s permits, and identification cards beginning September 30, 2008, and continuing on a quarterly basis, until such transition has been completed.”

The 2020 amendments.

The 2020 amendment by cc. 1230 and 1275 are identical, and deleted subsections A, B, and C, redesignated accordingly and substituted “subsection A” for “subsection D” in subsection B.

§ 46.2-214.4. Discount for online transactions.

The Department may offer a $1 discount for the following transactions if conducted using the Internet: (i) a driver’s license renewal pursuant to § 46.2-330 , (ii) a driver’s license duplicate or reissue pursuant to § 46.2-343 , (iii) an identification card renewal pursuant to § 46.2-345 , (iv) an identification card duplicate or reissue pursuant to § 46.2-345 , or (v) a certificate of title replacement pursuant to § 46.2-607 .

History. 2016, c. 368.

§ 46.2-215. Certification of certain records and admissibility in evidence.

Whenever any record, including records maintained by electronic media, by photographic processes, or paper, in the office of the Department is admissible in evidence, a copy, a machine-produced transcript, or a photograph of the record or paper attested by the Commissioner or his designee may be admitted as evidence in lieu of the original. In any case in which the records are transmitted by electronic means a machine imprint of the Commissioner’s name purporting to authenticate the record shall be the equivalent of attestation or certification by the Commissioner.

Any copy, transcript, photograph, or any certification purporting to be sealed or sealed and signed by the Commissioner or his designee or imprinted with the Commissioner’s name may be admitted as evidence without any proof of the seal or signature or of the official character of the person whose name is signed thereto. If an issue as to the authenticity of any information transmitted by electronic means is raised, the court shall require that a record attested by the Commissioner or his designee be submitted for admission into evidence.

History. 1962, c. 368, § 46.1-34.1; 1966, c. 196; 1986, c. 607; 1988, c. 427; 1989, c. 727.

Research References.

Friend’s Virginia Pleading and Practice (Matthew Bender). Chapter 40 Rules of Evidence. § 40.03 Records and Documents. Friend.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 101.

CASE NOTES

Editor’s note.

Some of the cases below were decided under former Title 46.1 or prior law.

Purpose. —

In light of the established “official written statements” exception to hearsay recognized in Virginia, one of the obvious purposes of the single authentication provision in this section, rather than double authentication as required by § 8.01-390 , is to ease the burden on the Commissioner in certifying records that are frequently utilized at trial. Ingram v. Commonwealth, 1 Va. App. 335, 338 S.E.2d 657, 1986 Va. App. LEXIS 204 (1986).

This section is controlling statute on issue of authentication of a transcript of defendant’s driving record. A statute of specific or particular application is not controlled or nullified by the statute of general application unless the Legislature clearly intended such a result. There is no such intent apparent between § 8.01-390 and this section. Ingram v. Commonwealth, 1 Va. App. 335, 338 S.E.2d 657, 1986 Va. App. LEXIS 204 (1986).

First paragraph of this section alleviates best evidence problem by allowing a certified copy or transcript to be admitted in lieu of the original. Ingram v. Commonwealth, 1 Va. App. 335, 338 S.E.2d 657, 1986 Va. App. LEXIS 204 (1986).

Hearsay problems not addressed by this section. —

While this section allows a copy or transcript to be offered in lieu of the original Department of Motor Vehicles’ record and simplifies the procedure for authenticating such a copy or transcript, the hearsay issue is resolved independently of this section. By the language of this section, a copy of a record of the DMV is admissible in lieu of the original only when the record itself is admissible in evidence. Whether or not the original record or document is admissible, either as an exception to the rule excluding hearsay or because it is not hearsay, must be decided separately. This section does not cure or address the hearsay problem. Ingram v. Commonwealth, 1 Va. App. 335, 338 S.E.2d 657, 1986 Va. App. LEXIS 204 (1986).

Hearsay exception addressed by § 46.2-382 . —

Subdivision 1 of § 46.2-382 requires the clerk of a trial court to forward an abstract of a motor vehicle violation conviction to the commissioner. It requires the commissioner to keep permanent records of that information. These statutory duties satisfy the personal knowledge requirement of the official documents exception to the hearsay rule. Allen v. Commonwealth, No. 1469-93-4 (Ct. of Appeals Feb. 14, 1995).

Certificate renders document competent as evidence. —

The certificate of the Commissioner or his designee of a fact appearing from the records under his control, where the law imposes a duty upon him to compile and be custodian of such records, renders the document competent as evidence of such fact. Ingram v. Commonwealth, 1 Va. App. 335, 338 S.E.2d 657, 1986 Va. App. LEXIS 204 (1986).

Proper authentication. —

Department of Motor Vehicles document that was introduced in defendant’s embezzlement trial was properly authenticated, and it was admissible under the public records exception to the hearsay rule. Jacobs v. Commonwealth, 2003 Va. App. LEXIS 389 (Va. Ct. App. July 8, 2003).

Circuit court properly convicted defendant of driving on a suspended license, third or subsequent offense, because the only prerequisite for admission of her DMV transcript was that it be authenticated, the statutory procedure for admission of the transcript conveyed no substantive rights to defendant, she demonstrated no prejudice flowing from the method by which the Commonwealth obtained the transcript, the single inaccuracy in the transcript, which was redacted, did not require the complete exclusion of the transcript, and defendant’s due process rights were not offended by admission of the transcript. Parker v. Commonwealth, 2017 Va. App. LEXIS 243 (Va. Ct. App. Oct. 3, 2017).

Proof that driver’s license revoked. —

If properly authenticated — that is, proven to be genuine — a transcript of defendant’s driving record which contains facts known to the commissioner is admissible to prove that the defendant’s license has been revoked. Ingram v. Commonwealth, 1 Va. App. 335, 338 S.E.2d 657, 1986 Va. App. LEXIS 204 (1986).

Establishing ownership of vehicle in which stolen goods found. —

In a prosecution for burglary and larceny, the testimony of a deputy sheriff that the car in which the belongings had been found was registered to the petitioner was hearsay where he was repeating the statement of an anonymous declarant and did not have first-hand knowledge concerning the ownership of the automobile and could not attest under cross-examination to the reliability of the information or to the method of its compilation. The reliability of the information could have been established by one of two procedures: namely, by the calling of the actual compiler of the report as a witness; or, pursuant to former § 46.1-34 (see now § 46.2-213 ) and this section by the proffering of the certificate of the license plate number of the motor vehicle as prima facie evidence of ownership. Coleman v. Johnson, 574 F. Supp. 360, 1983 U.S. Dist. LEXIS 13285 (W.D. Va. 1983).

Department of motor vehicles record properly admitted. —

Under § 46.2-384 , a Department of Motor Vehicles transcript, certified pursuant to § 46.2-215 , was prima facie evidence of the facts stated therein and was therefore sufficient to prove defendant’s prior DUI offenses and support his conviction under §§ 18.2-266 and 18.2-270 . Mitchem v. Commonwealth, 2010 Va. App. LEXIS 18 (Va. Ct. App. Jan. 12, 2010).

§ 46.2-216. Destruction of records.

In accordance with the provisions of Chapter 7 (§ 42.1-76 et seq.) of Title 42.1, the Commissioner may establish standards for the disposal of any paper or record which need not be preserved as a permanent record. However, the Department shall not dispose of any vehicle information, as defined in § 46.2-208 , for any manufactured home.

History. Code 1950, § 46-37; 1958, c. 541, § 46.1-36; 1960, c. 121; 1989, c. 727; 2022, c. 479.

The 2022 amendments.

The 2022 amendment by c. 479 added the second sentence.

§ 46.2-216.1. Electronic filings or submissions to Department; provision of electronic documents by Department.

  1. Whenever this title or Title 58.1 provides that applications, certificates, fees, letters of credit, notices, penalties, records, reports, surety bonds, tariffs, taxes, time schedules, or any other documents or payments be filed or submitted to the Department in written form or otherwise, the Commissioner may, after providing 12-months’ written notification to impacted applicants, licensees, or any other person or entity, require that all or certain applicants, licensees, or any other person or entity engaged in business with the Department, make such filings or submissions electronically in a format prescribed by the Commissioner. Any such requirement shall not apply to an individual application for a credential issued under Chapter 3 (§ 46.2-300 et seq.), or the titling or registration of 12 or fewer vehicles during a period of one year. The Commissioner shall develop a method to ensure that the electronic filing is received and stored accurately and that it is readily available to satisfy the requirements of the statutes that call for a written document. Notwithstanding the provisions of this section, the Commissioner may accept, in lieu of paper documents, a filing or submission made by electronic means for any document not required to be filed or submitted electronically pursuant to the provisions of this title or Title 58.1.
  2. Whenever this title or Title 58.1 provides that a written certificate or other document is to be delivered to an owner, registrant, licensee, lien holder, or any other person or entity by the Department or the Commissioner, the Commissioner may provide the written certificate or other document by electronic means. The electronic document may consist of all of the information included in the paper certificate or document or it may be an abstract or listing of the information held in electronic form by the Department. Whenever a certificate or other document is provided by electronic means, the Department will not be required to produce a written certificate or document until requested to do so by the owner, registrant, licensee, lien holder, or other party.
  3. The Commissioner is authorized to establish, where feasible and cost efficient, contracts with public-private partnerships with commercial operations to provide for simplification and streamlining of services to citizens through electronic means. Such electronic services shall include (i) an electronic lien and titling program, (ii) an online dealer program, and (iii) a print-on-demand license plate program.
    1. Notwithstanding the provisions of subsection A of § 46.2-208 , to conduct customer-initiated transactions through electronic means the Commissioner may provide a customer’s personal, driver, or vehicle information relating to the operation or theft of a motor vehicle or to public safety to the following entities: (i) lending institutions; (ii) motor vehicle dealers; or (iii) third-party vendors that enter into contracts with the Department. Pursuant to subsection A, the Commissioner may require such entities engaged in business with the Department to submit electronic filings using the third-party vendors that have contracts with the Department. Customer information obtained by such entities conducting customer-initiated transactions, including third-party vendors that enter into contracts with the Department, is subject to the restrictions upon use and dissemination imposed by (a) the federal Drivers Privacy Protection Act at 18 U.S.C. § 2721 et seq., (b) the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.) and §§ 46.2-208 and 58.1-3 , and (c) any rules, regulations, or guidelines adopted by the Department with regard to disclosure or dissemination of any information obtained from the Department.
    2. The Department may impose a reasonable fee in accordance with fair market prices on such entities, including third-party vendors that enter into contracts with the Department, for customer-initiated transactions conducted through electronic means. Such fees shall be used to defray the costs of the transaction to the Department. Any transaction fees imposed and collected by the Department shall be paid into the state treasury and set aside as a special fund to be used to meet the expenses of the Department.

History. 1991, c. 115; 2009, c. 419; 2018, c. 361; 2021, Sp. Sess. I, cc. 421, 544.

Editor’s note.

Acts 2009, c. 419, cl. 2 provides: “That prior to providing 12-months’ written notice to impacted applicants, licensees, or any other person or entity regarding electronic filing of applications, certificates, fees, letters of credit, notices, penalties, records, reports, surety bonds, tariffs, taxes, time schedules, or any other documents or payments to be filed or submitted to the Department of Motor Vehicles, the Commissioner of the Department of Motor Vehicles shall publish notice soliciting written comment from applicants, licensees, or any other impacted person or entity regarding the use of the authority granted to the Commissioner pursuant to § 46.2-216.1 of the Code of Virginia.”

Acts 2021, Sp. Sess. I, c. 544, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2022.”

Acts 2021, Sp. Sess. I, c. 544, cl. 3 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2009 amendments.

The 2009 amendment by c. 419 rewrote the section.

The 2018 amendments.

The 2018 amendment by c. 361 added subsection C.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 421, effective July 1, 2021, inserted “subsection A of” in subdivision C 1.

The 2021 amendment by Sp. Sess. I, c. 544, effective January 1, 2022, substituted “credential issued under Chapter 3 (§ 46.2-300 et seq.)” for “driver’s license, commercial driver’s license, special identification card” in subsection A; and made a stylistic change.

§ 46.2-216.2. Repealed by Acts 2009, c. 419, cl. 3.

§ 46.2-216.3. Repealed by Acts 2003, c. 1042, cl. 12, effective May 1, 2003.

§ 46.2-216.4. Department to provide self-service options to customers.

The Department may provide, at its offices, self-service options that will provide customers with access to the Department’s Internet transactions for persons who would prefer to transact their business with the Department accordingly. In determining the form and number of such options, and whether any option will be made available at a location, the Department shall consider the volume of business and the cost effectiveness of implementing any such option at the location.

History. 2003, c. 320.

§ 46.2-216.5. Partnership of Department and The Library of Virginia to promote use of public library Internet access terminals to complete on-line transactions with the Department.

The Department shall enter into a partnership with The Library of Virginia to promote the use of public library Internet access terminals to complete on-line transactions with the Department.

History. 2003, c. 336.

The number of this section was assigned by the Virginia Code Commission, the number in the 2003 act having been 46.2-216.4 .

§ 46.2-217. Enforcement of laws by Commissioner; authority of officers.

The Commissioner, his several assistants, including those who are full-time sworn members of the enforcement division of the Department of Motor Vehicles, and police officers appointed by him are vested with the powers of sheriffs for the purpose of enforcing the laws of the Commonwealth which the Commissioner is required to enforce. Such full-time sworn members of the enforcement division of the Department of Motor Vehicles are hereby authorized to enforce the criminal laws of the Commonwealth.

The Commissioner may also appoint or designate any of his staff to be “size and weight compliance agents” who shall thereby have the authority to (i) enforce the requirements for the use of dyed diesel fuel in §§ 58.1-2265 and 58.1-2267 ; (ii) enforce the requirements of Article 17 (§ 46.2-1122 et seq.) of Chapter 10; (iii) issue citations for violations of license, registration, and tax requirements and vehicle size limits pursuant to § 46.2-613.1 ; and (iv) carry out the vehicle seizure provisions of §§ 46.2-613.4 , 46.2-613.5 , 46.2-703 , 46.2-1134 , and 46.2-1136 at any permanent weighing station. For the purposes of this section, a permanent weighing station shall include any location equipped with fixed, permanent scales for weighing motor vehicles.

Nothing in this title shall relieve any law-enforcement officer, commissioner of the revenue, or any other official invested with police powers and duties, state or local, of the duty of assisting in the enforcement of such laws within the scope of his respective authority and duty.

All law-enforcement officers appointed by the Commissioner may administer oaths and take acknowledgments and affidavits incidental to the administration and enforcement of this title and all other laws relating to the operation of motor vehicles, applications for driver’s licenses, and the collection and refunding of taxes levied on gasoline. They shall receive no compensation for administering oaths or taking acknowledgments.

History. Code 1950, § 46-38; 1958, c. 541, § 46.1-37; 1984, c. 780; 1989, c. 727; 1993, c. 533; 2008, c. 460; 2011, cc. 62, 73; 2012, cc. 22, 111.

Cross references.

As to full-time sworn members of the enforcement division of the DMV being deemed “law-enforcement officers” when fulfilling their duties pursuant to this section, see § 9.1-101 .

The 2008 amendments.

The 2008 amendment by c. 460 deleted “when violations of same are committed in their presence or occur in their plain view, while they are otherwise engaged in enforcing the laws of the Commonwealth which the Commissioner is required to enforce. Any such violations, which do not relate to laws the Commissioner is required to enforce and which may require follow-up investigatory or other work, shall be promptly referred to the appropriate law-enforcement or criminal justice agency or department” at the end of the first paragraph.

The 2011 amendments.

The 2011 amendments by cc. 62 and 73 are identical, and added the second paragraph.

The 2012 amendments.

The 2012 amendments by cc. 22 and 111 are identical, and in the second paragraph, added the last sentence and inserted “46.2-703” in clause (iv) of the first sentence.

§ 46.2-218. Fees not allowed law-enforcement officers.

No court in the Commonwealth shall, in any case in which a fine is assessed for the violation of any law of the Commonwealth or any subdivision thereof, assess as a part of the cost of the case any fee for arrest, or as a witness, for the benefit of any law-enforcement officer of the Department; nor shall any Department law-enforcement officer receive any such fee. Any Department law-enforcement officer who accepts or receives any such fee shall be guilty of a Class 4 misdemeanor and, in addition, the Commissioner may remove him therefor. Department law-enforcement officers are not prohibited, however, from accepting or receiving rewards.

History. Code 1950, § 46-39; 1958, c. 541, § 46.1-38; 1980, c. 29; 1989, c. 727.

Cross references.

As to punishment for Class 4 misdemeanors, see § 18.2-11 .

As to right of sheriffs, sergeants, their deputies and other officers to receive rewards, see § 19.2-7 .

Law Review.

For comment, “Effect of Public Policy upon Reward Offers,” see 20 Wash. & Lee L. Rev. 395 (1963).

§ 46.2-219. Bonds of Commissioner, Deputy Commissioners, assistants, administrators, and law-enforcement officers; liability insurance policies.

The Commissioner, the Deputy Commissioners, the assistant commissioners, the administrators, and law-enforcement officers appointed by the Commissioner and engaged in the enforcement of criminal laws and the laws relating to the operation of motor vehicles on the highways in the Commonwealth shall, before entering on or continuing in their duties, enter into bond with some solvent guaranty, indemnity, fidelity, or casualty company authorized to do business in the Commonwealth as surety, in the penalty of $100,000 and with condition for the faithful and lawful performance of their duties. These bonds shall be filed in the office of the Department and the premiums thereon shall be paid out of the fund appropriated for the enforcement of the laws concerning motor vehicles. All persons injured or damaged in any manner by the unlawful, negligent, or improper conduct of any such officer while on duty may maintain an action on the bond.

In lieu of posting bond as provided in this section, any assistant or law-enforcement officer may furnish an adequate liability insurance policy as proof of his ability to respond in damages which may be adjudged against him in favor of any person or persons injured or damaged in any manner resulting from his unlawful, negligent, or improper conduct while on official duty, to the amount of $100,000. The premiums on any such insurance policy or policies shall be paid out of the funds appropriated for the enforcement of the laws concerning motor vehicles.

All such bonds and insurance policies shall be approved by the Commissioner.

History. Code 1950, § 46-40; 1950, p. 221; 1958, c. 541, § 46.1-39; 1976, c. 78; 1989, c. 727.

Cross references.

For similar provisions relating to police officers appointed by the Superintendent of State Police, see § 52-7 .

Michie’s Jurisprudence.

For related discussion, see 15 M.J. Public Officers, § 15.

CASE NOTES

Editor’s note.

The case below was decided under former Title 46.1 or prior law.

Bond covers any act connected with or incidental to official duties. —

The clear language and intendment of this section require that the bond given shall cover any act or work connected with or necessarily incidental to the duties of a police officer appointed by the Commissioner. Rives v. Bolling, 180 Va. 124 , 21 S.E.2d 775, 1942 Va. LEXIS 152 (1942) (holding surety liable for injury resulting from discharge of officer’s revolver while being twirled on finger).

Including negligent or unlawful performance thereof. —

Negligence may be the failure to perform duty or the performance of duty in an unlawful or improper manner. Official acts may be lawfully or unlawfully performed, dependent on the manner of performance. It is for relief against negligent or unlawful performance that this section requires a liability bond to be given. No relief is afforded against lawful acts properly performed. Rives v. Bolling, 180 Va. 124 , 21 S.E.2d 775, 1942 Va. LEXIS 152 (1942).

Where the negligent performance of a duty required of an officer is the proximate cause of an injury, the surety on his bond is liable. Rives v. Bolling, 180 Va. 124 , 21 S.E.2d 775, 1942 Va. LEXIS 152 (1942).

§ 46.2-220. Special counsel for defense of law-enforcement officers.

If any law-enforcement officer appointed by the Commissioner is arrested, indicted, or prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Commissioner may employ special counsel approved by the Attorney General to defend him. The compensation for special counsel employed pursuant to this section shall, subject to approval of the Attorney General, be paid out of the funds appropriated for the administration of the Department.

History. Code 1950, § 46-41; 1958, c. 541, § 46.1-40; 1989, c. 727.

§ 46.2-221. Certain state agencies to report to Department concerning the blind and nearly blind; use of such information by Department; Department to report names of persons refused licenses for defective vision; reports to law-enforcement agencies concerning certain blind or visually impaired persons who operate motor vehicles.

Every state agency having knowledge of the blind or visually handicapped, maintaining any register of the blind, or administering either tax deductions or exemptions for or aid to the blind or visually handicapped shall report in January of each year to the Department the names of all persons so known, registered or benefiting from such deductions or exemptions, for aid to the blind or visually handicapped. This information shall be used by the Department only for the purpose of determining qualifications of these persons for licensure under Chapter 3 (§ 46.2-300 et seq.). If any such state agency has knowledge that any person so reported continues to operate a motor vehicle, such agency may provide this information to appropriate law-enforcement agencies as otherwise permitted by law.

The Department shall report to the Virginia Department for the Blind and Vision Impaired and the Department for Aging and Rehabilitative Services at least annually the name and address of every person who has been refused a driver’s license solely or partly because of failure to pass the Department’s visual examination.

If any employee of the Virginia Department for the Blind and Vision Impaired makes a report to the Department of Motor Vehicles or provides information to an appropriate law-enforcement agency as required or permitted by this section concerning any client of the agency, it shall not be deemed to have been made in violation of the client-agency relationship.

History. 1968, c. 98, §§ 46.1-40.1, 46.1-40.1:1; 1977, c. 340; 1984, c. 780; 1988, c. 798; 1989, c. 727; 2003, c. 301; 2012, cc. 803, 835.

Editor’s note.

Pursuant to Acts 2000, c. 498, effective January 1, 2001, references to the Board and the Department for the Visually Handicapped shall be deemed to refer to the Board and the Department for the Blind and Vision Impaired.

The 2003 amendments.

The 2003 amendment by c. 301, in the first paragraph, substituted “benefiting” for “benefitting”, and added the last sentence; and in the third paragraph, inserted “or provides information to an appropriate law-enforcement agency” and “or permitted.”

The 2012 amendments.

The 2012 amendments by cc. 803 and 835, cl. 59, are identical, and substituted “Chapter 3 (§ 46.2-300 et seq.)” for “Chapter 3 of this title” in the second sentence of the first paragraph; and substituted “Department for Aging and Rehabilitative Services” for “Department of Rehabilitative Services” in the second paragraph.

§ 46.2-221.1. Registration with Selective Service required for issuance of learner’s permits, driver’s licenses, commercial driver’s licenses, and special identification cards to certain applicants.

  1. Every male applicant for a learner’s permit, driver’s license, commercial driver’s license, special identification card, or renewal of any such permit, license, or card who is less than twenty-six years old and is either a citizen of the United States or an immigrant shall, at the time of his application, be registered in compliance with the requirement of section 3 of the Military Selective Service Act, 50 U.S.C. § 3801 et seq. The application for a learner’s permit, driver’s license, commercial driver’s license, special identification card, or renewal of any such permit, license, or card submitted by any such person shall indicate either (i) that he is already registered with the Selective Service or (ii) that he authorizes the Department to forward to the Selective Service System the personal information necessary for such registration. This personal information shall be forwarded by the Department to the Selective Service System in an electronic format. The Department shall include on its application forms notice to affected persons that their submission of the application grants their consent to be registered with the Selective Service System, if required to so register by federal law.Data received by the Selective Service System under this subsection that pertains to any persons less than eighteen years old shall not be used to register that person with the Selective Service until that person is eighteen years old.
  2. If the applicant for a learner’s permit, driver’s license, commercial driver’s license, special identification card, or renewal of any such permit, license, or card is a male less than eighteen years old, his application shall be signed by his parent or by the guardian having custody of him. If he has no parent or guardian, then no learner’s permit, driver’s license, commercial driver’s license, or special identification card shall be issued to him or renewed by the Department unless his application is signed by the judge of the juvenile and domestic relations district court of the city or county in which he resides. If the minor making the application is married or otherwise emancipated, in lieu of any parent’s, guardian’s or judge’s signature, the minor may present proper evidence of the solemnization of the marriage or the order of emancipation and sign the application himself. By signing the application as required in this subsection, the parent, guardian, or judge, or emancipated minor shall be deemed to authorize the Department to register the applicant with the Selective Service System as provided in subsection A.
  3. If any male applicant for a learner’s permit, driver’s license, commercial driver’s license, special identification card, or renewal of any such permit, license, or card who is required by subsection A to be registered with the Selective Service System declines, refuses, or fails to do so, his application shall be denied.

History. 2002, c. 118.

Editor’s note.

At the direction of the Virginia Code Commission, “50 U.S.C. § 3801 et seq.” was substituted for “50 U.S.C. Appx. § 451 et seq.” to conform to the editorial reclassification of Title 50 U.S.C. Appendix.

§ 46.2-221.2. Extension of expiration of driver’s licenses issued to certain persons in service to the United States government or for good cause shown.

  1. Notwithstanding § 46.2-330 , any driver’s license that is issued by the Department under Chapter 3 (§ 46.2-300 et seq.) to (i) a person serving outside the Commonwealth in the armed services of the United States, (ii) a person serving outside the Commonwealth as a member of the diplomatic service of the United States appointed under the Foreign Service Act of 1946, (iii) a civilian employee of the United States government or any agency or contractor thereof serving outside the United States on behalf of the United States government, or (iv) a spouse or dependent accompanying any such member of the armed services or diplomatic service serving outside the Commonwealth or civilian employee of the United States government or any agency or contractor thereof serving outside the United States on behalf of the United States government shall be held not to have expired during the period of the licensee’s service outside the Commonwealth in the armed services of the United States or as a member of the diplomatic service of the United States appointed under the Foreign Service Act of 1946 or as a civilian employee of the United States government or any agency or contractor thereof serving outside the United States on behalf of the United States government and 180 days thereafter. However, no extension granted under this section shall exceed six years from the date of expiration shown on the individual’s driver’s license. For the purposes of this subsection, “service in the armed services of the United States” includes active duty service with the regular Armed Forces of the United States or the National Guard or other reserve component.
  2. Notwithstanding § 46.2-330 , the Commissioner may, for good cause shown, extend the validity period of a driver’s license issued by the Department pursuant to Chapter 3 (§ 46.2-300 et seq.), provided that the license holder requesting the extension (i) contacts the Department prior to expiration of his license, (ii) is temporarily absent from the Commonwealth at the time his driver’s license is due for renewal, (iii) provides the Commissioner with verifiable evidence documenting the need for an extension, (iv) provides the Commissioner with the earliest date of return, and (v) is not eligible to renew his license online. No extension granted under this subsection shall exceed two years from the date of expiration shown on the individual’s driver’s license.
  3. The Department shall furnish to any person whose driver’s license is extended under this section documentary or other proof that he is entitled to the benefits of this section when operating any motor vehicle.

History. 2004, c. 975; 2006, c. 85; 2007, cc. 249, 589; 2008, c. 591; 2012, c. 384; 2017, c. 547; 2022, c. 39.

The 2006 amendments.

The 2006 amendment by c. 85, in the first paragraph, inserted clauses (i) through (iii), substituted “three” for “five” in the second sentence and made minor stylistic changes.

The 2007 amendments.

The 2007 amendments by cc. 249 and 589 are identical, and, in the first paragraph, substituted “service to the United States government” for “armed services or diplomatic service of the United States” in the section catchline; added present clause (iii); redesignated former clause (iii) as present clause (iv); and in present clause (iv), inserted “or civilian employee of the United States government or any agency or contractor thereof serving outside the United States on behalf of the United States government,” “or as a civilian employee of the United States government or any agency or contractor thereof,” and “on behalf of the United States government” preceding “and 60 days thereafter.”

The 2008 amendments.

The 2008 amendment by c. 591 substituted “90 days” for “60 days” near the end of the first sentence in the first paragraph.

The 2012 amendments.

The 2012 amendment by c. 384, in the first paragraph, in the first sentence, deleted “of this title” following “Chapter 3 (§ 46.2-300 et seq.)” and substituted “180 days” for “90 days.”

The 2017 amendments.

The 2017 amendment by c. 547, designated existing text as subsection A; in the first paragraph of subsection A, substituted “§ 46.2-330 ” for “any contrary provision of law” and deleted last sentence which formerly read: “The Department shall furnish any person whose driver’s license is extended under this section documentary or other proof, when operating any motor vehicle, that he is entitled to the benefits of this section”; substituted “subsection” for “section” in the second paragraph; and added subsections B and C.

The 2022 amendments.

The 2022 amendment by c. 39 substituted “six” for “three” in subsection A in the first paragraph; and substituted “two years” for “one year” in subsection B.

§ 46.2-221.3. Grace period for business credentialing for armed forces personnel returning from duty outside the United States.

Owners or operators of businesses and other persons licensed or credentialed in the Commonwealth by the Department who have served outside of the United States in the armed services of the United States shall have a 60-day grace period, beginning on the date they are no longer serving outside the United States, during which they may reopen the business or again perform credentialed activities prior to complying with the business license, certificate, permit, or other such business and professional credential requirements of this title.

To be eligible for the grace period, persons qualifying under this section shall:

  1. Have held a valid license, permit, certificate, or other such business or professional credential issued by the Department at the time the person began service in the armed forces outside of the United States; and
  2. Not operate the business or perform credentialed activities during the period of the person’s military service.Prior to reopening the business or again performing credentialed activities during the 60-day grace period, persons qualifying under this section shall notify the Department of their intentions and verify that they are in compliance with all other requirements established by the Department and set forth in this title relating to their business or profession. Such persons shall have in their possession, while operating the business or performing credentialed activities, (i) orders or other military documentation demonstrating that they are entitled to the benefits of this section, and (ii) the latest license, certificate, permit, or other such business or professional credential issued to them by the Department.For the purposes of this section “service in the armed services” includes active duty service with the regular Armed Forces of the United States or the National Guard or other reserve component.

History. 2004, c. 975.

§ 46.2-221.4. Grace period for replacement of license plates or decals and registrations for certain persons in service to the United States government.

Owners or lessees of vehicles registered in the Commonwealth who (i) have served outside of the United States in the armed services of the United States, (ii) have served outside the United States as a member of the diplomatic service of the United States appointed under the Foreign Service Act of 1946, (iii) have been a civilian employee of the United States government or any agency or contractor thereof serving outside the United States on behalf of the United States government, or (iv) are a spouse or dependent accompanying any such member of the armed services or diplomatic service serving outside the United States or civilian employee of the United States government or any agency or contractor thereof serving outside the United States on behalf of the United States government shall have a 90-day grace period, beginning on the date that such person is no longer serving outside the United States, in which to comply with the vehicle registration requirements of this title.

To be eligible for the grace period, the vehicle shall:

  1. Be owned or leased by a person or persons qualifying under this section;
  2. Have had valid registration issued by the Department at the time the member of the armed services of the United States, member of the diplomatic service, civilian employee of the United States government, or any agency or contractor thereof began service outside of the United States;
  3. Comply with the financial responsibility requirements of this title;
  4. Display the latest license plates and decals issued by the Department for the vehicle; and
  5. Be operated only by persons qualifying under this section while possessing:
    1. Orders or other military documentation demonstrating that they are entitled to the benefits of this section; and
    2. The latest registration card issued by the Department for the vehicle.Nothing in this section shall be construed to prohibit any person or persons who own or lease vehicles registered in the Commonwealth and are currently serving outside of the United States in the armed services of the United States from complying, when possible and as necessary, with the vehicle registration requirements of this title during the period of service outside the United States or while on leave in Virginia.For the purposes of this section “the armed services of the United States” includes active duty service with the regular Armed Forces of the United States or the National Guard or other reserve component.The provisions of this section shall not apply to special license plates issued to members of the National Guard under § 46.2-744 .

History. 2004, c. 975; 2008, c. 591; 2012, c. 385.

The 2008 amendments.

The 2008 amendment by c. 591 substituted “90-day” for “60-day” in the first paragraph.

The 2012 amendments.

The 2012 amendment by c. 385, in the first paragraph, inserted the clause (i) designator and clauses (ii) through (iv) and substituted “that such person is” for “they are”; and substituted “member of the armed services of the United States, member of the diplomatic service, civilian employee of the United States government, or any agency or contractor thereof began service” for “owner began service in the armed forces” in subdivision 2.

§ 46.2-221.5. Information on veterans services provided.

  1. If any person indicates that he is a veteran on any form or application submitted to the Department for the purpose of a driver or vehicle transaction, the Department shall offer such person information on veterans services that are available in the Commonwealth. Such information may be electronic, provided that printed materials are made available upon request.
  2. The Department of Veterans Services shall furnish the Department with all materials required to be offered pursuant to this section. Distribution of materials shall be in a manner prescribed by the Commissioner in consultation with the Department of Veterans Services.
  3. Nothing in this section shall require the Department to verify a person’s veteran status.

History. 2020, c. 698.

Editor’s note.

Acts 2020, c. 698, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2021.”

Article 2. Powers and Duties of Department Related to Transportation Safety.

§ 46.2-222. General powers of Commissioner with respect to transportation safety.

The Commissioner shall have the following general powers to carry out the purposes of this article:

  1. To employ required personnel.
  2. To enter into all contracts and agreements necessary or incidental to the performance of the Department’s duties and the execution of its powers under this article, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of the Commonwealth.
  3. To accept grants from the United States government and its agencies and instrumentalities and any other source.  To these ends, the Department shall have the power to comply with conditions and execute agreements necessary, convenient or desirable.
  4. To do all acts necessary or convenient to carry out the purposes of this article.

History. 1984, c. 778, § 46.1-40.3; 1989, c. 727.

§ 46.2-223. Additional powers and duties of Commissioner.

The Commissioner shall have the following powers and duties related to transportation safety:

  1. To evaluate safety measures currently in use by all transport operators in all modes which operate in or through the Commonwealth, with particular attention to the safety of equipment and appliances and methods and procedures of operation;
  2. To engage in training and educational activities aimed at enhancing the safe transport of passengers and property in and through the Commonwealth;
  3. To cooperate with all relevant entities of the federal government, including, but not limited to, the Department of Transportation, the Federal Railway Administration, the Federal Aviation Administration, the Coast Guard, and the Independent Transportation Safety Board in matters concerning transportation safety;
  4. To initiate, conduct, and issue special studies on matters pertaining to transportation safety;
  5. To evaluate transportation safety efforts, practices, and procedures of the agencies or other entities of the government of the Commonwealth and make recommendations to the Secretary of Transportation, the Governor, and the General Assembly on ways to increase transportation safety consciousness or improve safety practices;
  6. To assist entities of state government and political subdivisions of the Commonwealth in enhancing their efforts to ensure safe transportation, including the dissemination of relevant materials and the rendering of technical or other advice;
  7. To collect, tabulate, correlate, analyze, evaluate, and review the data gathered by various entities of the state government in regard to transportation operations, management, and accidents, especially the information gathered by the Department of Motor Vehicles, the Department of State Police, and the State Corporation Commission;
  8. To develop, implement, and review, in conjunction with relevant state and federal entities, a comprehensive highway safety program for the Commonwealth, and to inform the public about it;
  9. To assist towns, counties and other political subdivisions of the Commonwealth in the development, implementation, and review of local highway safety programs as part of the state program;
  10. To review the activities, role, and contribution of various state entities to the Commonwealth’s highway safety program and to report annually and in writing to the Governor and General Assembly on the status, progress, and prospects of highway safety in the Commonwealth;
  11. To recommend to the Secretary of Transportation, the Governor, and the General Assembly any corrective measures, policies, procedures, plans, and programs which are needed to make the movement of passengers and property on the highways of the Commonwealth as safe as practicable;
  12. To design, implement, administer, and review special programs or projects needed to promote highway safety in the Commonwealth;
  13. To integrate highway safety activities into the framework of transportation safety in general;
  14. To administer the Traffic Safety Fund established pursuant to § 46.2-749.2:10 and to accept grants, gifts, bequests, and other moneys contributed to, deposited in, or designated for deposit in the Fund; and
  15. Notwithstanding any other provision of this title, for the duration of a declared state of emergency as defined in § 44-146.16 and for up to 90 days after the declaration of a state of emergency has been rescinded or expires, (i) to extend the validity or delay the cancellation of driver’s licenses, special identification cards, and vehicle registrations; (ii) to extend the time frame during which a driver improvement clinic or payment plan may be completed; (iii) to extend the maximum number of days of residency permitted before a new resident must be licensed in Virginia pursuant to § 46.2-308 to operate a motor vehicle in the Commonwealth; and (iv) to extend the time frame during which a new resident may operate a motor vehicle in the Commonwealth that has been duly registered in another jurisdiction before registering the vehicle in the Commonwealth.

History. 1984, c. 778, § 46.1-40.4; 1989, c. 727; 1990, cc. 1, 317; 1998, c. 743; 2021, Sp. Sess. I, c. 129.

Editor’s note.

Acts 2020, c. 978, cl. 1 provides: “The Department of Transportation (the Department) shall, in collaboration with the Commonwealth Center for Recurrent Flooding Resiliency, identify public transportation infrastructure in Planning District 8 that is at risk of deterioration due to recurrent flooding. For purposes of this section, “public transportation infrastructure” includes roads and bridges under the jurisdiction of the Department. The Department shall (i) identify the issues related to recurrent flooding and the scope of such issues and (ii) make policy and budget recommendations to alleviate such issues. The Department shall complete its meetings by November 30, 2021, and the Commissioner shall report its findings and recommendations to the Chairs of the House and Senate Committees on Transportation no later than the first day of the 2022 Regular Session of the General Assembly. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly’s website.”

The 1998 amendment, in subdivision 12, deleted “and” following “Commonwealth,” in subdivision 13, inserted “and,” and added subdivision 14.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 129, effective July 1, 2021, added subdivision 15 and made related changes.

§ 46.2-224. Repealed by Acts 2012, cc. 803 and 835, cl. 105.

Editor’s note.

Former § 46.2-224 , pertaining to the Board of Transportation Safety, derived from Acts 1984, c. 778, §§ 46.1-40.5, 46.1-40.6; 1989, c. 727; 1990, cc. 1, 317; 1992, c. 95; 2000, c. 141; 2002, c. 249.

Article 3. Electronic Credentials Act.

§ 46.2-225. Definitions.

As used in this article, unless the context requires a different meaning:

“Data field” means a piece of information that appears on a physical credential, electronic credential, or profile.

“Display requirement” means a provision within the Code of Virginia, the Virginia Administrative Code, or a local ordinance or regulation that requires the display or possession of a physical credential to do an act, identify a person or piece of personal property, or show entitlement to a right or privilege.

“Electronic credential” means an electronic method by which a person may display or transmit to another person information that verifies a person’s identity, identifies personal property, or serves as evidence of the right of a person to do, or to use personal property to do, an act.

“Electronic credential system” means a computer system accessed by a person using a computer, cellular telephone, or other electronic device and used to display or transmit electronic credentials to other persons or to a verification system.

“Physical credential” means a document issued by an agency of the Commonwealth, another state of the United States, the District of Columbia, the United States, a foreign country, or a political subdivision of a foreign country that is issued in a physical format, such as paper or plastic, and that identifies the holder, identifies a piece of personal property, or grants the holder the permission to do, or to use property to do, an act.

“Profile” means an electronic credential created by the Department that displays a different set of data fields than are displayed on the physical credential.

“Third-party electronic credential system” means an electronic credential system that is not maintained by the Department or by an agent of the Department on its behalf. “Third-party electronic credential system” may include an electronic wallet.

“Verification system” means a computer system operated by the Department or its agent on its behalf that is made available to persons who are presented with electronic credentials for the purpose of verifying the authenticity and validity of electronic credentials issued by the Department or by other government agencies or jurisdictions.

History. 2017, c. 697.

§ 46.2-226. Electronic credentials.

  1. The Department may issue electronic credentials to persons who hold a valid physical credential that the Department is authorized to issue.
  2. If the Department issues electronic credentials, the credentials shall be issued in addition to, and not instead of, the underlying physical credentials for which a person is eligible. No electronic credential shall be issued unless the applicant holds the corresponding physical credential. Such electronic credentials shall be issued to an electronic credential system.
  3. The Department may issue electronic credentials to third-party electronic credential systems if the Department first enters into an agreement with the owner of the third-party electronic credential system that sets forth the terms on which the electronic credentials may be displayed.
  4. The Department may enter into agreements with an agency of the Commonwealth, another state of the United States, or the United States to grant access to the use of electronic credentials issued by such agency. The provisions of subsection B shall apply to credentials to which the Department grants such access unless, as part of the agreement permitting the Department to grant access, the other agency agrees that the Department may grant access to electronic credentials to persons not holding a corresponding physical credential.

History. 2017, c. 697.

§ 46.2-227. Fees.

  1. The Department shall assess a fee of up to $10 per year for each individual who is issued electronic credentials by the Department or is granted access to an electronic credential issued in accordance with an agreement pursuant to the provisions of subsection C of § 46.2-226 .
  2. The Department shall assess a fee pursuant to § 46.2-214 for searches of the verification system.
  3. Pursuant to § 46.2-214 , the fees received by the Department pursuant to this section shall be paid into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

History. 2017, c. 697; 2022, c. 183.

Editor’s note.

Acts 2017, c. 697, cl. 2 provides: “That the Department of Motor Vehicles (the Department) shall examine the electronic credential program and determine whether the fees in § 46.2-227 as created by this act adequately cover the Department’s costs of administering the additional responsibilities imposed on the Department under this act. The Department shall report the results of its review to the Chairmen of the House and Senate Committees on Transportation no later than December 1, 2019.”

The 2022 amendments.

The 2022 amendment by c. 183 inserted “up to” in subsection A.

§ 46.2-228. Design of electronic credentials.

  1. The Department and other agencies that enter into an agreement with the Department pursuant to subsection C of § 46.2-226 may create and issue profiles to be used in those circumstances where the display of the data fields would satisfy the purpose for which the profile is being presented.
  2. Electronic credentials and electronic credential systems shall be designed so that there is no need for the credential holder to relinquish possession of the device in which the electronic credential system is installed in order to present the credential or for the person to whom the credential is presented to search the verification system to confirm the validity of the credential.
  3. Electronic credential and verification systems shall be designed to protect the credential holder’s privacy, including by use of privacy-enhancing technologies or other appropriate methods. If the Department enters into an agreement with the owner of a third-party electronic credential system, the agreement shall require the owner of that system to take appropriate measures to protect the credential holder’s privacy.

History. 2017, c. 697.

§ 46.2-229. Verification system.

  1. The Department or its agent may create and operate a verification system.
  2. The Department may enter into agreements with other government agencies or jurisdictions issuing electronic credentials to allow for the verification of those credentials through the verification system and may also enter into agreements with other government agencies or jurisdictions or their agents operating a similar verification system for the purpose of verifying Virginia electronic credentials used in other states.
  3. The Department or its agent may enter into an agreement with a person to access and search the verification system. Any such agreement shall require, at a minimum, that the person to whom the Department is granting access agree to search the system only in compliance with the requirements of this section and to take appropriate measures to protect the credential holder’s privacy.
  4. A person who has entered into an agreement with the Department to access and search the verification system, and who has been presented with an electronic credential or profile, may search the verification system to verify the validity and accuracy of the electronic credential or profile that has been presented if the electronic credential holder consents to the search.
  5. Following a search of the verification system made by a person with whom it has entered into an agreement pursuant to subsection C, the Department may release through the verification system a verification of those data fields that the electronic credential holder has consented to be verified.

History. 2017, c. 697.

§ 46.2-230. Acceptance of electronic credentials.

  1. The possession or display of an electronic credential shall not relieve a person from the requirements of any provision in the Code of Virginia, the Virginia Administrative Code, or a local ordinance or regulation requiring the possession or display of a physical credential.
  2. Any provision of the Code of Virginia, the Virginia Administrative Code, or a local ordinance or regulation with a display requirement, which may be satisfied by the display or possession of a physical credential for which the Department may issue an electronic credential, may be satisfied by displaying or possessing an electronic credential issued pursuant to this article. Acceptance of an electronic credential shall be at the discretion of the person to whom it is presented and subject to the conditions of this section.
  3. If a person displays a profile, its display shall satisfy a display requirement if the profile provides sufficient data fields to satisfy the purpose for which it is being displayed.
  4. If the Department, or another agency responsible for enforcing a display requirement, requires that an electronic credential or profile be verified through the verification system prior to acceptance in certain circumstances, the display requirement shall be deemed satisfied by presentation of an electronic credential or profile in those circumstances only if the electronic credential or profile is verified by the verification system.
  5. The provisions of this section shall apply to the possession or display of similar electronic credentials or profiles issued by the government of another state of the United States, the District of Columbia, the United States, a foreign country, or a political subdivision of a foreign country to the extent that a physical credential from the same jurisdiction would satisfy the relevant display requirement.

History. 2017, c. 697.

Subtitle II. Titling, Registration and Licensure.

Chapter 3. Licensure of Drivers.

Article 1. Unlicensed Driving Prohibited.

§ 46.2-300. Driving without license prohibited; penalties.

No person, except those expressly exempted in §§ 46.2-303 through 46.2-308 , shall drive any motor vehicle on any highway in the Commonwealth until such person has applied for a driver’s license, as provided in this article, satisfactorily passed the examination required by § 46.2-325 , and obtained a driver’s license, nor unless the license is valid.

A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor.

Upon conviction under this section, the court may suspend the person’s privilege to drive for a period not to exceed 90 days.

History. Code 1950, § 46-347; 1958, c. 541, § 46.1-349; 1968, c. 494; 1970, c. 347; 1984, c. 780; 1989, c. 727; 2005, c. 245; 2007, c. 532; 2008, c. 684.

Cross references.

For authorization for locality to provide by ordinance for reimbursement of certain expenses incurred in responding to DUI and other traffic incidents related to violation of certain offenses, see § 15.2-1716 .

As to punishment for Class 1 and 2 misdemeanors, see § 18.2-11 .

As to compliance by child day care centers operated by religious institutions that are exempt from licensure with the requirements of § 46.2-300 et seq. regarding a valid Virginia driver’s license or commercial driver’s license, see § 63.2-1716 .

The 2005 amendments.

The 2005 amendment by c. 245 substituted “46.2-308” for “46.2-309” in the first paragraph.

The 2007 amendments.

The 2007 amendment by c. 532, in the last paragraph, in the first sentence, deleted “conviction of a” preceding “violation,” substituted “is” for “shall constitute” and added the last sentence.

The 2008 amendments.

The 2008 amendment by c. 684 added the last paragraph.

Law Review.

For note, “Automobile License Checks and the Fourth Amendment,” see 60 Va. L. Rev. 666 (1974).

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, §§ 4, 6, 7, 10; 9B M.J. Indictments, Informations and Presentments, § 29.

CASE NOTES

Editor’s note.

Some of the cases below were decided under former Title 46.1 or prior law.

Legislative intent. —

Legislature intends to recognize separate violations of § 46.2-300 for driving after failing to apply for a driver’s license, satisfactorily passing the examination, and obtaining the license, and driving without a valid license. Shreve v. Commonwealth, 44 Va. App. 541, 605 S.E.2d 780, 2004 Va. App. LEXIS 605 (2004).

Because defendant, a domiciliary of another state while residing in Virginia, could use his commercial driver’s license (CDL) issued by that state to drive non-commercial vehicles in Virginia, the trial court erred in finding otherwise, requiring reversal of his conviction under § 46.2-300 ; moreover, this position was consistent with the legislature’s intent that the holder of a CDL stood in a class separate from persons who held regular driver’s licenses. Meierotto v. Commonwealth, 50 Va. App. 1, 646 S.E.2d 1, 2007 Va. App. LEXIS 227 (2007).

Gravamen of the offense described in this section is the act of operating a motor vehicle by a driver who has not obtained a valid driver’s license by making a lawful application and passing the required examination. Edenton v. Commonwealth, 227 Va. 413 , 316 S.E.2d 736, 1984 Va. LEXIS 208 (1984).

Not included in offense of felony operation by habitual offender. —

The misdemeanor of driving without a license is not a lesser-included offense of the felony of operation of a motor vehicle by a habitual offender. Edenton v. Commonwealth, 227 Va. 413 , 316 S.E.2d 736, 1984 Va. LEXIS 208 (1984).

The misdemeanor defined in this section is not an offense substantially charged in the indictment of a violation of former § 46.1-387.8 (see now § 46.2-357) and it is error for the trial court to convict the defendant of the misdemeanor. Edenton v. Commonwealth, 227 Va. 413 , 316 S.E.2d 736, 1984 Va. LEXIS 208 (1984).

Driving without license as negligence. —

See White v. Edwards Chevrolet Co., 186 Va. 669 , 43 S.E.2d 870, 1947 Va. LEXIS 189 (1947); Laughlin v. Rose, 200 Va. 127 , 104 S.E.2d 782, 1958 Va. LEXIS 168 (1958).

Exclusionary clause held valid. —

Where an automobile indemnity insurance policy excluded liability for losses or damage caused while the automobile was being operated by any person violating any law or ordinance as to age or driving license, it was held that this exclusion clause was not unreasonable or contrary to public policy. Holland Supply Corp. v. State Farm Mut. Auto. Ins. Co., 166 Va. 331 , 186 S.E. 56 , 1936 Va. LEXIS 193 (1936).

Sufficient evidence for driving with suspended license. —

Defendant’s conviction for driving without a valid license, was upheld on appeal where sufficient evidence existed to show that she was caught driving with a suspended license and § 46.2-300 prohibited defendant from driving “until” the acts of applying for a license, passing an exam, and actually obtaining the license were accomplished, which was required after the suspension expired. Shreve v. Commonwealth, 44 Va. App. 541, 605 S.E.2d 780, 2004 Va. App. LEXIS 605 (2004).

Insufficient evidence for driving with suspended license. —

Trial court erred in convicting defendant of driving a motor vehicle without a valid driver’s license because defendant’s Department of Motor Vehicles record recited the suspension notice sent to her was “unclaimed,” her license was not suspended until she received notice of that status, and the Commonwealth did not present any evidence to establish that she had actual notice of the suspension of her driver’s license. Carew v. Commonwealth, 62 Va. App. 574, 750 S.E.2d 226, 2013 Va. App. LEXIS 341 (2013).

CIRCUIT COURT OPINIONS

Legislative intent. —

Statute directly impacts the unlicensed driver in a substantial and meaningful way, including incarceration; its application is narrow and targeted to sanction only the offender, not innocent third parties damaged as a consequence of the illegal act. Va. Farm Bureau Fire & Cas. Ins. Co. v. Green, 102 Va. Cir. 137, 2019 Va. Cir. LEXIS 270 (Page County May 10, 2019).

§ 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked.

  1. In addition to any other penalty provided by this section, any motor vehicle administratively impounded or immobilized under the provisions of § 46.2-301.1 may, in the discretion of the court, be impounded or immobilized for an additional period of up to 90 days upon conviction of an offender for driving while his driver’s license, learner’s permit, or privilege to drive a motor vehicle has been (i) suspended or revoked for a violation of § 18.2-36.1 , 18.2-51.4 , 18.2-266 , 18.2-272 , or 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction or (ii) administratively suspended under the provisions of § 46.2-391.2 . However, if, at the time of the violation, the offender was driving a motor vehicle owned by another person, the court shall have no jurisdiction over such motor vehicle but may order the impoundment or immobilization of a motor vehicle owned solely by the offender at the time of arrest. All costs of impoundment or immobilization, including removal or storage expenses, shall be paid by the offender prior to the release of his motor vehicle.
  2. Except as provided in § 46.2-304 , no resident or nonresident (i) whose driver’s license, learner’s permit, or privilege to drive a motor vehicle has been suspended or revoked or (ii) who has been directed not to drive by any court or by the Commissioner, or (iii) who has been forbidden, as prescribed by operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town, to operate a motor vehicle in the Commonwealth shall thereafter drive any motor vehicle or any self-propelled machinery or equipment on any highway in the Commonwealth until the period of such suspension or revocation has terminated or the privilege has been reinstated or a restricted license is issued pursuant to subsection E. For the purposes of this section, the phrase “motor vehicle or any self-propelled machinery or equipment” shall not include mopeds.
  3. A violation of subsection B is a Class 1 misdemeanor.
  4. Upon a violation of subsection B, the court shall suspend the person’s license or privilege to drive a motor vehicle for the same period for which it had been previously suspended or revoked. In the event the person violated subsection B by driving during a period of suspension or revocation which was not for a definite period of time, the court shall suspend the person’s license, permit or privilege to drive for an additional period not to exceed 90 days, to commence upon the expiration of the previous suspension or revocation or to commence immediately if the previous suspension or revocation has expired.
  5. Any person who is otherwise eligible for a restricted license may petition each court that suspended his license pursuant to subsection D for authorization for a restricted license, provided that the period of time for which the license was suspended by the court pursuant to subsection D, if measured from the date of conviction, has expired, even though the suspension itself has not expired. A court may, for good cause shown, authorize the Department of Motor Vehicles to issue a restricted license for any of the purposes set forth in subsection E of § 18.2-271.1 . No restricted license shall be issued unless each court that issued a suspension of the person’s license pursuant to subsection D authorizes the Department to issue a restricted license. Any restricted license issued pursuant to this subsection shall be in effect until the expiration of any and all suspensions issued pursuant to subsection D, except that it shall automatically terminate upon the expiration, cancellation, suspension, or revocation of the person’s license or privilege to drive for any other cause. No restricted license issued pursuant to this subsection shall permit a person to operate a commercial motor vehicle as defined in the Commercial Driver’s License Act (§ 46.2-341.1 et seq.). The court shall forward to the Commissioner a copy of its authorization entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a license is issued as is reasonably necessary to identify the person. The court shall also provide a copy of its authorization to the person, who may not operate a motor vehicle until receipt from the Commissioner of a restricted license. A copy of the restricted license issued by the Commissioner shall be carried at all times while operating a motor vehicle.
  6. Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of § 18.2-272 .

History. Code 1950, § 46-347.1; 1952, c. 666; 1958, c. 541, § 46.1-350; 1960, c. 364; 1962, c. 302; 1964, c. 239; 1966, cc. 546, 589; 1968, c. 494; 1970, c. 507; 1984, c. 780; 1985, c. 232; 1988, c. 859; 1989, c. 727; 1991, c. 64; 1992, c. 273; 1993, c. 24; 1994, cc. 359, 363; 1997, c. 691; 2000, cc. 956, 982; 2004, cc. 461, 801, 948; 2009, cc. 390, 764; 2010, c. 519; 2017, c. 700; 2020, cc. 964, 965, 1018; 2021, Sp. Sess. I, c. 463.

Cross references.

As to punishment for Class 1 misdemeanors, see § 18.2-11 .

As to mandatory background screenings for TNC partners to provide updated information to transportation network companies, see § 46.2- 2099.49.

The 1997 amendment, in subsection A, in clause (i), inserted “a violation of § 18.2-51.4 or” preceding “driving while” and substituted “under the influence” for “intoxicated” following “driving while.”

The 2000 amendments.

The 2000 amendments by cc. 956 and 982 are identical, and in the first sentence of subsection A, inserted “§§ 18.2-36.1 ,” deleted “or driving while under the influence in violation of §§” preceding “18.2-266,” and inserted “or” thereafter, and rewrote subsection C, which read: “A first offense of violating this section shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor. In addition, the court shall suspend the person’s license, permit, or privilege to drive for the same period for which it had been previously suspended or revoked when the person violated this section.”

The 2004 amendments.

The 2004 amendment by c. 461, in subsection C, twice substituted “mandatory minimum” for “minimum, mandatory” and deleted “which shall not be suspended in whole or in part” at the end of the next-to-last sentence; and made minor stylistic changes.

The 2004 amendment by c. 801, in subsection B, deleted “or by operation of law pursuant to this title” preceding “or (iii)”, substituted “operation of any statute of the Commonwealth or a substantially similar ordinance of any county, city or town” for “law, by the Commissioner, the State Corporation Commission, the Commonwealth Transportation Commissioner, any court, or the Superintendent of State Police” in the first sentence and inserted “or the privilege has been reinstated” in the second sentence; in subsection C, substituted “violation of subsection B is” for “first or second offense of violating this section shall constitute” in the first sentence, substituted “occurring within a 10-year period shall include a mandatory minimum” for “shall constitute a Class 1 misdemeanor punishable by a minimum mandatory” in the second sentence and substituted “mandatory minimum” for “minimum, mandatory” in the third sentence; redesignated the second paragraph of subsection C as subsection D; rewrote subsection D; and made minor stylistic changes.

The 2004 amendment by c. 948 substituted “90” for “ninety” throughout the section and added subsection E.

The 2009 amendments.

The 2009 amendments by cc. 390 and 764 are identical, and added “or a restricted license is issued pursuant to subsection E” at the end of the first sentence in subsection B; and added subsection E and redesignated former subsection E as subsection F.

The 2010 amendments.

The 2010 amendment by c. 519 inserted “18.2-272” in clause (i) of subsection A and made minor stylistic changes.

The 2017 amendments.

The 2017 amendment by c. 700, in subsection D, inserted “however, in the event that the person violated subsection B by driving during a period of suspension imposed pursuant to § 46.2-395 , the additional 90-day suspension imposed pursuant to this subsection shall run concurrently with the suspension imposed pursuant to § 46.2-395 in accordance with subsection F of § 46.2-395 .”

The 2020 amendments.

The 2020 amendments by cc. 964 and 965 are identical, and in subsection B, deleted the penultimate sentence, which read, “A clerk’s notice of suspension of license for failure to pay fines or costs given in accordance with § 46.2-395 shall be sufficient notice for the purpose of maintaining a conviction under this section” and in subsection D, deleted “however, in the event that the person violated subsection B by driving during a period of suspension imposed pursuant to § 46.2-395 , the additional 90-day suspension imposed pursuant to this subsection shall run concurrently with the suspension imposed pursuant to § 46.2-395 in accordance with subsection F of § 46.2-395 ” in the last sentence at the end.

The 2020 amendment by c. 1018, deleted the second and third sentences in subsection C, which read: “A third or subsequent offense occurring within a 10-year period shall include a mandatory minimum term of confinement in jail of 10 days. However, the court shall not be required to impose a mandatory minimum term of confinement in any case where a motor vehicle is operated in violation of this section in a situation of apparent extreme emergency which requires such operation to save life or limb.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 463, effective July 1, 2021, in subsection A, transferred the clause (i) designation from following “suspended or revoked for” to preceding it and deleted “driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person’s license has been” at the beginning of clause (ii); and substituted “§ 46.2-304 ” for “§§ 46.2-304 and 46.2-357” in subsection B.

Research References.

Virginia Forms (Matthew Bender). No. 9-2517 Petition for Restricted Driver’s License — Unauthorized Driving (Juvenile), et seq.; No. 9-2915. Petition for Restricted Driver’s License — Unauthorized Driving.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 4, 11, 126.2; 17 M.J. Streets and Highways, § 2.

CASE NOTES

Editor’s note.

Some of the cases below were decided under former Title 46.1 or prior law.

Double jeopardy. —

When defendant was convicted of the misdemeanor of driving on a suspended license, second or subsequent offense under this section, he did not show that double jeopardy barred his felony conviction for driving after having been adjudicated an habitual offender, contrary to § 46.2-357, based on the same act of driving, because he did not meet his burden to show the two offenses involved the same act and crime both in law and in fact, as his felony conviction required proof that he drove after revocation, due to his habitual offender adjudication, rather than suspension, and he did not show that his misdemeanor conviction was based on the same revocation as his felony charge. Tolson v. Commonwealth, 2005 Va. App. LEXIS 158 (Va. Ct. App. Apr. 19, 2005).

The operation forbidden by this section is operation on the public highways. Prillaman v. Commonwealth, 199 Va. 401 , 100 S.E.2d 4, 1957 Va. LEXIS 204 (1957).

What constitutes highway. —

A privately owned lot used in connection with the operation of a filling station is not a highway. Prillaman v. Commonwealth, 199 Va. 401 , 100 S.E.2d 4, 1957 Va. LEXIS 204 (1957).

Defendant could not be convicted of driving with a suspended license, because the alleged offense occurred on a posted access road at the entrance to a government facility and thus the road was not open for public use and was not a highway under § 46.2-100 . United States v. Smith, 395 F.3d 516, 2005 U.S. App. LEXIS 1330 (4th Cir. 2005).

Road, which was completely and indefinitely closed to the public due to hurricane damage, where defendant was stopped in his vehicle by law enforcement officers was not a highway and did not support his convictions for driving while his license was suspended or revoked and driving as a habitual offender. United States v. Adams, 426 F.3d 730, 2005 U.S. App. LEXIS 22738 (4th Cir. 2005).

Moped operators exemption. —

Statutory exemption for moped operators made a client innocent of driving a moped on a suspended license and because the client was innocent as a matter of law, there was no requirement that the client plead that he sought and obtained post-conviction relief prior to pursuing a malpractice action against both trial and appellate counsel. Taylor v. Davis, 265 Va. 187 , 576 S.E.2d 445, 2003 Va. LEXIS 26 (2003).

Presumption afforded by former § 46.1-441.2 (see now § 46.2-416 ) requires receipt of notice by accused. —

In a trial for violation of this section, the Commonwealth cannot rely on the presumption afforded by former § 46.1-441.2 (see now § 46.2-416 ), where its evidence expressly shows that the accused did not receive the notice mailed to him. Bibb v. Commonwealth, 212 Va. 249 , 183 S.E.2d 732, 1971 Va. LEXIS 339 (1971).

Accused must know his license has been suspended. —

Where the evidence does not show that the accused knew his license had been suspended, his conviction must be reversed. Bibb v. Commonwealth, 212 Va. 249 , 183 S.E.2d 732, 1971 Va. LEXIS 339 (1971).

Appellate court refused to apply the ends of justice exception based on the trial court’s failure to instruct the jury that whether defendant knew that defendant’s license had been suspended was an element of driving under a suspended license under Fairfax City, Va., Code § 98-1 and subsection B of this section since defendant was in possession of the notice of suspension and even provided it, rather than defendant’s driver’s license, to the officer when defendant was stopped for speeding, and defendant did not argue that defendant did not know that the license had been suspended. Aidonis v. City of Fairfax, 2009 Va. App. LEXIS 188 (Va. Ct. App. Apr. 21, 2009).

Evidence of knowledge of suspension sufficient. —

Section 46.2-395 provides that notice that an operator’s license has been suspended is sufficient as a matter of law when mailed and, since an abstract of a defendant’s driving record was admitted into evidence indicating that the DMV had sent the required notice, the trier of fact could properly have found that the Commonwealth had met its burden of establishing that the defendant had received notice of the suspension of his license. Morrisette v. Commonwealth, 2000 Va. App. LEXIS 582 (Va. Ct. App. Aug. 8, 2000).

Evidence was sufficient to sustain defendant’s conviction of driving while his license was suspended where the entry on the driving record showed that he was notified by law enforcement on September 3, 2013, that his license had been suspended and the General Assembly directed in § 46.2-416 that the certified driving record was prima facie evidence of the violation of this section. Hodges v. Commonwealth, 64 Va. App. 687, 771 S.E.2d 693, 2015 Va. App. LEXIS 147 (2015).

As to sufficiency of actual notice of suspension as a basis for a prosecution under this section, see Pitchford v. Commonwealth, 2 Va. App. 377, 344 S.E.2d 924, 1986 Va. App. LEXIS 283 (1986).

Transcript of driving record as proof. —

If properly authenticated — that is, proven to be genuine — a transcript of defendant’s driving record which contains facts known to the commissioner is admissible to prove that the defendant’s license has been revoked. Ingram v. Commonwealth, 1 Va. App. 335, 338 S.E.2d 657, 1986 Va. App. LEXIS 204 (1986).

Circuit court properly convicted defendant of driving on a suspended license, third or subsequent offense, because the only prerequisite for admission of her DMV transcript was that it be authenticated, the statutory procedure for admission of the transcript conveyed no substantive rights to defendant, she demonstrated no prejudice flowing from the method by which the Commonwealth obtained the transcript, the single inaccuracy in the transcript, which was redacted, did not require the complete exclusion of the transcript, and defendant’s due process rights were not offended by admission of the transcript. Parker v. Commonwealth, 2017 Va. App. LEXIS 243 (Va. Ct. App. Oct. 3, 2017).

Where the statute requires that the Commonwealth prove beyond a reasonable doubt that appellant operated a motor vehicle on a highway in the Commonwealth, and there is no evidence that appellant drove a car onto or off a rest stop parking lot, the Commonwealth did not meet its burden of proof. Copeland v. Commonwealth, No. 0654-95-2 (Ct. of Appeals Mar. 12, 1996).

The issue of emergency does not reach the conviction. Virginia ex rel. Shifflett v. Cook, 333 F. Supp. 718, 1971 U.S. Dist. LEXIS 11499 (W.D. Va. 1971).

But rather it is the criterion upon which sentence may be suspended. Virginia ex rel. Shifflett v. Cook, 333 F. Supp. 718, 1971 U.S. Dist. LEXIS 11499 (W.D. Va. 1971).

Requested jury instruction should have been given. —

Trial court erred in refusing to give defendant’s requested jury instruction that defendant drove within the conditions of a valid restricted operator’s license, because there was more than a “scintilla” of evidence to support the instruction; among other things, defendant testified that defendant moved to Delaware, that defendant had valid Delaware operator’s license, and that defendant was driving within the restrictions imposed. Rivenbark v. Commonwealth, 2009 Va. App. LEXIS 249 (Va. Ct. App. June 2, 2009).

Assessment of punishment by jury. —

There is nothing in the due process clause of the Fourteenth Amendment which guarantees the right of an accused to have his punishment assessed by a jury, although this procedure is permitted by statute in Virginia. Virginia ex rel. Shifflett v. Cook, 333 F. Supp. 718, 1971 U.S. Dist. LEXIS 11499 (W.D. Va. 1971).

There is no right to have the jury determine whether a sentence should be suspended. Virginia ex rel. Shifflett v. Cook, 333 F. Supp. 718, 1971 U.S. Dist. LEXIS 11499 (W.D. Va. 1971).

As suspension of a sentence is a matter of the trial court’s discretion rather than the jury’s. Virginia ex rel. Shifflett v. Cook, 333 F. Supp. 718, 1971 U.S. Dist. LEXIS 11499 (W.D. Va. 1971).

Even if the accused had been tried by a jury, the court would not be obligated to accept any recommendation of suspension of sentence, since it is the function of the court rather than the jury to determine in the first instance whether or not an emergency existed. Virginia ex rel. Shifflett v. Cook, 333 F. Supp. 718, 1971 U.S. Dist. LEXIS 11499 (W.D. Va. 1971).

Sentence found to be reasonable. —

District court’s 15-month sentence imposed upon defendant’s guilty plea to driving under the influence (third offense), a violation of 18 U.S.C.S. § 13, assimilating §§ 18.2-266 , 18.2-270 (B)(3), and driving on a suspended driver’s license (third offense), a violation of 18 U.S.C.S. §§ 7, 13, assimilating § 46.2-301 , was proper because (1) the sentence was not plainly unreasonable under 18 U.S.C.S. § 3742(e) given the district court’s consideration of defendant’s three drunk driving convictions in short time frame; (2) the district court also considered the provisions under 18 U.S.C.S. § 3553 in imposing sentence; and (3) allowing the 15-month sentence to run consecutive to the sentence he was serving for violating his probation was not plain error under U.S. Sentencing Guidelines Manual § 5G1.3, cmt., application n. 3(C). United States v. Floresdelgado, 131 Fed. Appx. 28, 2005 U.S. App. LEXIS 6121 (4th Cir. 2005).

Revocation of suspended sentence. —

Trial court erred in revoking and re-suspending the portion of defendant’s sentence for his misdemeanor conviction for driving on a revoked license because the one-year period of suspension had long ended; therefore, defendant could not have the misdemeanor portion of his suspended sentence revoked following an order to show cause. Burnham v. Commonwealth, 298 Va. 109 , 833 S.E.2d 872, 2019 Va. LEXIS 139 (2019).

License suspended even though defendant was operating commercial fisherman’s vehicle. —

Suspension of defendant’s privilege to drive under this section barred defendant from operating any motor vehicle on the highways of the Commonwealth, regardless of the fact that defendant was a commercial fisherman operating a commercial fisherman’s vehicle within the parameters permitted by §§ 46.2-300 , 46.2-303 , and 46.2-674 . Grasty v. Commonwealth, 68 Va. App. 232, 807 S.E.2d 238, 2017 Va. App. LEXIS 300 (2017).

Prohibition on driving as a condition of probation. —

There was no statutory conflict between defendant’s status as a licensed driver and a condition of probation that prohibited him from actually driving. The condition of probation did not affect defendant’s license to drive but rather only required him to refrain from doing so while on probation as a measure of protection to the public that otherwise could only be achieved through defendant’s incarceration. Garibaldi v. Commonwealth, 71 Va. App. 64, 833 S.E.2d 915, 2019 Va. App. LEXIS 243 (2019).

No authority to arrest operator of vehicle. —

The offense of operating a motor vehicle on a suspended license ended when the appellant stopped driving the car and did not continue thereafter. Although the trooper developed evidence of the commission of that offense, no part of the offense was committed in his presence, therefore, he lacked authority to arrest the appellant on that charge without a warrant. The arrest was unlawful, and the summons issued on that charge was not a valid process to present that charge for trial, and thus the trial court erred in trying that charge without a valid process. Davis v. Commonwealth, 17 Va. App. 666, 440 S.E.2d 426, 10 Va. Law Rep. 877, 1994 Va. App. LEXIS 55 (1994).

Violation supported officer’s reasonable, articulable suspicion. —

Where a police officer observed a driver operating a vehicle and the officer knew that it was in violation of this section because her license was suspended, there was a reasonable, articulable suspicion of criminal activity to justify pulling over the car and detaining defendant as well, who owned the vehicle and who was riding in it as a passenger; the fact that defendant allowed the unlicensed driver to use the car was in itself a violation of § 46.2-349 , justifying the detention and seizure of defendant, and his consent to search his vehicle, which revealed drugs, was therefore not the product of an illegal detention and the drugs should not have been suppressed. Commonwealth v. Washington, 2004 Va. App. LEXIS 360 (Va. Ct. App. July 27, 2004).

Probable cause for arrest. —

Officer had probable cause to arrest defendant for driving on a suspended license, a misdemeanor offense. Purvis v. Commonwealth, 2016 Va. App. LEXIS 53 (Va. Ct. App. Feb. 23, 2016).

Suppression of evidence. —

In a case in which: (1) defendant was arrested for violating § 46.2-301 ; (2) a search of defendant’s person revealed marijuana and rolling materials; and (3) a search of his vehicle uncovered a firearm, under the rational of the Gant decision, the firearm did not have to be suppressed. The seizure of a quantity of marijuana from defendant, standing alone, justified the search of the passenger compartment of his vehicle, and in the present case, the search of his vehicle was appropriate irrespective of the sequence of events. United States v. Page, 679 F. Supp. 2d 648, 2009 U.S. Dist. LEXIS 120724 (E.D. Va. 2009).

Evidence sufficient to support conviction. —

Defendant’s Department of Motor Vehicles record, admitted into evidence without objection from defendant, reflecting that defendant’s license was revoked nearly three years before the date of the alleged offense and that defendant was notified by mail of that revocation, was sufficient to support defendant’s conviction for operating a motor vehicle on suspended or revoked license, second or subsequent offense, under § 46.2-301 . Moss v. Va., 2009 Va. App. LEXIS 252 (Va. Ct. App. June 9, 2009).

Evidence was sufficient to convict defendant of driving while having a suspended license as the victim’s testimony that defendant was driving after the accident occurred was not inherently incredible because the facts at bar indicated that the victim was a singularly credible witness; the appellate court deferred to the trial court’s findings of fact, which accorded the victim’s testimony great weight; and the trial court did not find anything in cross-examination that took away from the victim’s credibility. Gerald v. Commonwealth, 2016 Va. App. LEXIS 370 (Va. Ct. App. Dec. 27, 2016), aff'd, 295 Va. 469 , 813 S.E.2d 722, 2018 Va. LEXIS 66 (2018).

Evidence insufficient to support conviction. —

Evidence was insufficient to prove that defendant drove a vehicle in violation of any existing period of suspension or revocation, and therefore the court reversed his conviction under this section, because the period of his license suspension under subsection B of § 46.2-395 terminated upon payment of his outstanding court costs and his period of revocation under § 46.2-389 ended years prior to his arrest, and his failure to reapply to have his license reinstated or renewed did not extend the periods of his suspension or revocation. Barden v. Commonwealth, 64 Va. App. 700, 771 S.E.2d 699, 2015 Va. App. LEXIS 159 (2015).

Evidence did not support defendant’s conviction for driving on a suspended license in violation of a county ordinance, which incorporated the statute because the county conceded that it did not prove defendant received actual notice that her license had been suspended; the evidence did not establish that the notices were issued after the actual suspension, listed a term of suspension that encompassed the traffic stop, or adequately informed the appellant of the length of the suspension term. Nicholson v. Albemarle Cty., 2021 Va. App. LEXIS 168 (Va. Ct. App. Sept. 28, 2021).

CIRCUIT COURT OPINIONS

Joinder. —

The “connected” test of Rule 3A:6(b) is that the crimes should be so intimately connected and blended with the main facts adduced in evidence that they cannot be departed from with propriety. Defendant’s motion for severance was granted to separate a count of driving under a suspended license and a count of operating a motor vehicle without paying fees from other counts that charged him with various criminal acts related to the deaths of two of his passengers in an automobile accident; those two counts had no relation to the manner in which defendant operated his vehicle and defendant was strictly liable for those counts regardless of the manner in which he drove, so defendant was entitled to severance of those two counts. Commonwealth v. Walsh, 62 Va. Cir. 511, 2003 Va. Cir. LEXIS 267 (Culpeper County Sept. 25, 2003).

OPINIONS OF THE ATTORNEY GENERAL

Impoundment of vehicle driven by person arrested and charged for driving during a suspension period. —

Because the offense of driving during a suspension period may be considered a violation of either § 46.2-301 or § 18.2-272 , the vehicle being driven by an individual who commits such offense should be impounded pursuant to the former statute, without regard to whether the individual was arrested and charged under either statute. See opinion of Attorney General to The Honorable Norman deV. Morrison, Judge, Clarke County General District Court, 02-007 (4/29/02).

§ 46.2-301.1. Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one’s vehicle.

  1. The motor vehicle being driven by any person (i) whose driver’s license, learner’s permit or privilege to drive a motor vehicle has been suspended or revoked for a violation of § 18.2-51.4 or 18.2-272 or driving while under the influence in violation of § 18.2-266 , 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction; (ii) where such person’s license has been administratively suspended under the provisions of § 46.2-391.2 ; (iii) driving after such person’s driver’s license, learner’s permit or privilege to drive a motor vehicle has been suspended or revoked for unreasonable refusal of tests in violation of § 18.2-268.3 , 46.2-341.26:3 or a substantially similar ordinance or law in any other jurisdiction; or (iv) driving without an operator’s license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be impounded or immobilized by the arresting law-enforcement officer at the time the person is arrested for driving after his driver’s license, learner’s permit or privilege to drive has been so revoked or suspended or for driving without an operator’s license in violation of § 46.2-300 having been previously convicted of such offense or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction. The impoundment or immobilization for a violation of clause (i), (ii), or (iii) shall be for a period of 30 days. The period of impoundment or immobilization for a violation of clause (iv) shall be until the offender obtains a valid operator’s license pursuant to § 46.2-300 or three days, whichever is less. In the event that the offender obtains a valid operator’s license at any time during the three-day impoundment period and presents such license to the court, the court shall authorize the release of the vehicle upon payment of all reasonable costs of impoundment or immobilization to the person holding the vehicle.The provisions of this section as to the offense described in clause (iv) shall not apply to a person who drives a motor vehicle with no operator’s license (a) whose license has been expired for less than one year prior to the offense or (b) who is under 18 years of age at the time of the offense. The arresting officer, acting on behalf of the Commonwealth, shall serve notice of the impoundment upon the arrested person. The notice shall include information on the person’s right to petition for review of the impoundment pursuant to subsection B. A copy of the notice of impoundment shall be delivered to the magistrate and thereafter promptly forwarded to the clerk of the general district court of the jurisdiction where the arrest was made. Transmission of the notice may be by electronic means.At least five days prior to the expiration of the period of impoundment imposed pursuant to this section or § 46.2-301 , the clerk shall provide the offender with information on the location of the motor vehicle and how and when the vehicle will be released; however, for a violation of clause (iv), such information shall be provided at the time of arrest.All reasonable costs of impoundment or immobilization, including removal and storage expenses, shall be paid by the offender prior to the release of his motor vehicle. Notwithstanding the above, where the arresting law-enforcement officer discovers that the vehicle was being rented or leased from a vehicle renting or leasing company, the officer shall not impound the vehicle or continue the impoundment but shall notify the rental or leasing company that the vehicle is available for pickup and shall notify the clerk if the clerk has previously been notified of the impoundment.
  2. Any driver who is the owner of the motor vehicle that is impounded or immobilized under subsection A may, during the period of the impoundment, petition the general district court of the jurisdiction in which the arrest was made to review that impoundment. The court shall review the impoundment within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting law-enforcement officer did not have probable cause for the arrest, or that the magistrate did not have probable cause to issue the warrant, the court shall rescind the impoundment. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs paid or incurred by him. Otherwise, the court shall affirm the impoundment. If the person requesting the review fails to appear without just cause, his right to review shall be waived.The court’s findings are without prejudice to the person contesting the impoundment or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.
  3. The owner or co-owner of any motor vehicle impounded or immobilized under subsection A who was not the driver at the time of the violation may petition the general district court in the jurisdiction where the violation occurred for the release of his motor vehicle. The motor vehicle shall be released if the owner or co-owner proves by a preponderance of the evidence that he (i) did not know that the offender’s driver’s license was suspended or revoked when he authorized the offender to drive such motor vehicle; (ii) did not know that the offender had no operator’s license and that the operator had been previously convicted of driving a motor vehicle without an operator’s license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction when he authorized the offender to drive such motor vehicle; or (iii) did not consent to the operation of the motor vehicle by the offender. If the owner proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is impounded or immobilized for the period of impoundment that otherwise would be imposed pursuant to this section, the court, in its discretion, may release the vehicle after some period of less than such impoundment period.
  4. Notwithstanding any provision of this section, a subsequent dismissal or acquittal of the charge of driving without an operator’s license or of driving on a suspended or revoked license shall result in an immediate rescission of the impoundment or immobilization provided in subsection A. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs, incurred or paid by him.
  5. Any person who knowingly authorizes the operation of a motor vehicle by (i) a person he knows has had his driver’s license, learner’s permit or privilege to drive a motor vehicle suspended or revoked for any of the reasons set forth in subsection A or (ii) a person who he knows has no operator’s license and who he knows has been previously convicted of driving a motor vehicle without an operator’s license in violation of § 46.2-300 or a substantially similar ordinance of any county, city, or town or law in any other jurisdiction shall be guilty of a Class 1 misdemeanor.
  6. Notwithstanding the provisions of this section or § 46.2-301 , nothing in this section shall impede or infringe upon a valid lienholder’s rights to cure a default under an existing security agreement. Furthermore, such lienholder shall not be liable for any cost of impoundment or immobilization, including removal or storage expenses which may accrue pursuant to the provisions of this section or § 46.2-301 . In the event a lienholder repossesses or removes a vehicle from storage pursuant to an existing security agreement, the Commonwealth shall pay all reasonable costs of impoundment or immobilization, including removal and storage expenses, to any person or entity providing such services to the Commonwealth, except to the extent such costs or expenses have already been paid by the offender to such person or entity. Such payment shall be made within seven calendar days after a request is made by such person or entity to the Commonwealth for payment. Nothing herein, however, shall relieve the offender from liability to the Commonwealth for reimbursement or payment of all such reasonable costs and expenses.

History. 1994, cc. 359, 363; 1994, 1st Sp. Sess., c. 10; 1995, cc. 426, 435; 1997, cc. 378, 478, 691; 2005, c. 312; 2010, cc. 519, 829; 2021, Sp. Sess. I, c. 463.

Cross references.

As to punishment for Class 1 misdemeanors, see § 18.2-11 .

The 2005 amendments.

The 2005 amendment by c. 312, in subsection A, deleted “and to the Commissioner” at the end of the next-to-last sentence in the second paragraph, substituted “if the clerk has” for “and the Commissioner if they have” in the last sentence of the last paragraph, and made minor stylistic changes.

The 2010 amendments.

The 2010 amendment by c. 519 inserted “or 18.2-272 ” in clause A (i).

The 2010 amendment by c. 829 rewrote the section.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 463, effective July 1, 2021, in subsection A, deleted “driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or” at the beginning of clause (ii), substituted “clause (i), (ii) or (iii)” for “clauses (i) through (iii)” in the second from last sentence in the first paragraph, and redesignated clauses (i) and (ii) as clauses (a) and (b); and made stylistic changes.

Research References.

Virginia Forms (Matthew Bender). No. 9-2108 Motion and Order for Release of Vehicle; No. 9-2803 Motion and Order for Release of Vehicle.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 126.2.

CASE NOTES

No double jeopardy created. —

The administrative impoundment of the defendant’s car did not place him in jeopardy for the purposes of the Double Jeopardy Clause, where under the statute, the arresting officer impounds the vehicle, not a judge, and the vehicle is automatically released after 30 days; creation of these “distinctly civil procedures” signals a clear intent for the impoundment to be civil rather than criminal. Wilson v. Commonwealth, 23 Va. App. 443, 477 S.E.2d 765, 1996 Va. App. LEXIS 714 (1996).

OPINIONS OF THE ATTORNEY GENERAL

Arrest warrant for violation of § 18.2-272 is not sufficient for impoundment of vehicle. —

An arrest warrant issued to a driver for violation of § 18.2-272 is not sufficient under this section for the administrative impoundment of the driver’s vehicle. See opinion of Attorney General to The Honorable Archer L. Yeatts III, Chief Judge, Henrico County General District Court, 99-085 (3/10/00).

§ 46.2-302. Driving while restoration of license is contingent on furnishing proof of financial responsibility.

No resident or nonresident (i) whose driver’s license or learner’s permit has been suspended or revoked by any court or by the Commissioner or by operation of law, pursuant to the provisions of this title or of § 18.2-271 , or who has been disqualified pursuant to the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.), or (ii) who has been forbidden as prescribed by law by the Commissioner, the State Corporation Commission, the Commissioner of Highways, or the Superintendent of State Police, to drive a motor vehicle in the Commonwealth shall drive any motor vehicle in the Commonwealth during any period wherein the restoration of license or privilege is contingent upon the furnishing of proof of financial responsibility, unless he has given proof of financial responsibility in the manner provided in Article 15 (§ 46.2-435 et seq.) of Chapter 3 of this title. Any person who drives a motor vehicle on the roads of the Commonwealth and has furnished proof of financial responsibility but who has failed to pay a reinstatement fee, shall be tried under § 46.2-300 .

A first offense violation of this section shall constitute a Class 2 misdemeanor. A second or subsequent violation of this section shall constitute a Class 1 misdemeanor.

History. Code 1950, § 46-484; 1958, c. 541, § 46.1-351; 1960, cc. 157, 364; 1962, c. 302; 1980, c. 29; 1984, c. 780; 1989, cc. 705, 727; 1991, c. 118.

Cross references.

As to punishment for Class 1 and 2 misdemeanors, see § 18.2-11 .

Editor’s note.

Acts 2011, cc. 36 and 152, cl. 3 provides: “That the Virginia Code Commission shall carry out such editorial changes to the Code of Virginia as may be required to reflect the provisions of this act changing the title ‘Commonwealth Transportation Commissioner’ to ‘Commissioner of Highways.”’ “Commissioner of Highways” was substituted for “Commonwealth Transportation Commissioner” in this section.

Law Review.

For article, “Warrantless Searches and Seizures in Virginia,” see 17 U. Rich. L. Rev. 721 (1983).

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 126.2.

Article 2. When License Not Required.

§ 46.2-303. Licenses not required for operating road roller or farm tractor.

No person shall be required to obtain a driver’s license to operate a road roller or road machinery used under the supervision and control of the Department of Transportation for construction or maintenance purposes. No person shall be required to obtain a driver’s license for the purpose of operating any farm tractor, farm machinery, or vehicle defined in §§ 46.2-663 through 46.2-674 , temporarily drawn, moved, or propelled on the highways. The term “road machinery” shall not include motor vehicles required to be licensed by the Department of Motor Vehicles.

History. Code 1950, § 46-348; 1952, c. 498; 1958, c. 541, § 46.1-352; 1972, c. 346; 1984, c. 780; 1989, c. 727.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 7.

CASE NOTES

Commercial fisherman’s vehicle. —

Suspension of defendant’s privilege to drive under this section barred defendant from operating any motor vehicle on the highways of the Commonwealth, regardless of the fact that defendant was a commercial fisherman operating a commercial fisherman’s vehicle within the parameters permitted by §§ 46.2-300 , 46.2-303 , and 46.2-674 . Grasty v. Commonwealth, 68 Va. App. 232, 807 S.E.2d 238, 2017 Va. App. LEXIS 300 (2017).

§ 46.2-304. Limited operation of farm tractor by persons convicted of driving under influence of intoxicants or drugs.

The conviction of a person for driving under the influence of intoxicants or some other self-administered drug in violation of any state law or local ordinance shall not prohibit the person from operating a farm tractor on the highways when it is necessary to move the tractor from one tract of land used for agricultural purposes to another tract of land used for the same purposes, provided that the distance between the said tracts of land does not exceed five miles.

History. 1958, c. 489, § 46.1-352.1; 1989, c. 727.

§ 46.2-305. Exemption of persons in armed services.

Every person in the armed services of the United States, when furnished with a driver’s license, and when operating an official motor vehicle in such service, shall be exempt from licensure under this chapter.

History. Code 1950, § 46-350; 1958, c. 541, § 46.1-354; 1984, c. 780; 1989, c. 727.

§ 46.2-306. Exemption of armed services personnel and spouses and dependent children of armed services personnel.

Notwithstanding § 46.2-100 , a person on active duty with the armed services of the United States or a spouse or a dependent child not less than sixteen years of age of a person on active duty with the armed services of the United States who has been licensed as a driver under a law requiring the licensing of drivers in his home state or country and who has in his immediate possession a valid driver’s license issued to him in his home state or country shall be permitted without examination or license under this chapter to drive a motor vehicle on the highways in the Commonwealth. The provisions of this section shall not be affected by the person’s, spouse’s, or dependent child’s ownership of a motor vehicle registered in Virginia.

History. 1970, c. 269, § 46.1-354.1; 1975, c. 240; 1984, c. 780; 1988, c. 107; 1989, c. 727.

§ 46.2-307. Nonresidents licensed under laws of home state or country; extension of reciprocal privileges.

  1. A nonresident over the age of sixteen years and three months who has been duly licensed as a driver under a law requiring the licensing of drivers in his home state or country and who has in his immediate possession a driver’s license issued to him in his home state or country shall be permitted, without a Virginia license, to drive a motor vehicle on the highways of the Commonwealth.
  2. Notwithstanding any other provisions of this chapter, the Commissioner, with the consent of the Governor, may extend to nonresidents from foreign countries the same driver’s licensing privileges which are granted by the foreign country, or political subdivision wherein such nonresidents are residents, to residents of this Commonwealth residing in such foreign country or political subdivision.
  3. Driver’s license privileges may be extended to nonresidents from foreign countries or political subdivisions who are over the age of sixteen years and three months, have been duly licensed as drivers under a law requiring the licensing of drivers in their home country or political subdivision, and have in their immediate possession a driver’s license issued to them in their home country or political subdivision.

History. Code 1950, § 46-351; 1958, c. 541, § 46.1-355; 1984, c. 780; 1989, cc. 705, 727; 1997, c. 486; 2002, c. 755.

The 2002 amendments.

The 2002 amendment by c. 755 inserted “and three months” following “sixteen years” in subsections A and C.

CASE NOTES

Out-of-state license restoration of habitual offender not authorized. —

Neither the explicit language nor the logical implications of this section authorizes other states to restore an habitual offender’s privilege to drive after a Virginia court has revoked it and, in the absence of a court order restoring such privilege, obtaining or possessing a valid out-of-state license does not bar prosecution of an habitual offender for operating a vehicle in Virginia while revocation of his or her driving privileges remains in effect. Sink v. Commonwealth, 28 Va. App. 655, 507 S.E.2d 670, 1998 Va. App. LEXIS 642 (1998).

§ 46.2-308. Temporary exemption for new resident licensed under laws of another state; privately owned vehicle driver’s licenses.

A resident over the age of sixteen years and three months who has been duly licensed as a driver under a law of another state or country requiring the licensing of drivers shall, for the first sixty days of his residency in the Commonwealth, be permitted, without a Virginia license, to drive a motor vehicle on the highways of the Commonwealth.

Persons to whom military privately-owned vehicle driver’s licenses have been issued by the Department of Defense shall, for the first sixty days of their residency in the Commonwealth, be permitted, without a Virginia license, to drive motor vehicles on the highways of the Commonwealth.

History. 1976, c. 17, § 46.1-355.1; 1989, cc. 705, 727; 1994, c. 356; 2002, cc. 755, 767, 834.

Editor’s note.

Acts 2020, c. 1289, Item 436 P, as added by Acts 2020, Sp. Sess. I, c. 56, and amended by Acts 2021, Sp. Sess. I, c. 552, effective for the biennium ending June 30, 2022, provides: “Notwithstanding any other provision of law, for the duration of a declared state of emergency as defined in § 44-146.16, Code of Virginia, and for up to 90 days after the declaration of a state of emergency has been rescinded or expires, the Commissioner may extend the validity or delay the cancellation of driver’s licenses, special identification cards, and vehicle registrations, the time frame during which a driver improvement clinic or payment plan must be completed, the maximum number of days of residency permitted before a new resident must be licensed in Virginia pursuant to § 46.2-308 , Code of Virginia, to operate a motor vehicle in the Commonwealth, and the time frame during which a new resident may operate a motor vehicle in the Commonwealth which has been duly registered in another jurisdiction before registering the vehicle in the Commonwealth.”

The 2002 amendments.

The 2002 amendment by c. 755 inserted “and three months” following “sixteen years” in the first paragraph.

The 2002 amendments by cc. 767 and 834 are identical, and twice substituted “sixty days” for “thirty days.”

§ 46.2-309. Repealed by Acts 2005, c. 245, cl. 2.

§ 46.2-310. Localities may not require license except for taxicabs; prosecutions for operation of vehicle without license or while suspended.

Counties, cities, and towns shall not require any local permit to drive, except as provided in this section. Counties, cities, and towns may adopt regulations for the licensing of drivers of taxicabs and similar for-hire passenger vehicles and for the control of the operation of such for-hire vehicles. This section shall not preclude any county, city, or town from prosecuting, under a warrant issued by such county, city, or town, a person charged with violation of a local ordinance prohibiting operation of a motor vehicle without a driver’s license or while his driver’s license or privilege to drive is suspended or revoked.

History. Code 1950, § 46-349; 1958, c. 541, § 46.1-353; 1964, c. 455; 1984, c. 780; 1989, c. 727.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, §§ 7, 8.

Article 3. Persons Not to Be Licensed.

§ 46.2-311. Persons having defective vision; minimum standards of visual acuity and field of vision; tests of vision.

  1. The Department shall not issue a driver’s license or learner’s permit (i) to any person unless he demonstrates a visual acuity of at least 20/40 in one or both eyes with or without corrective lenses or (ii) to any such person unless he demonstrates at least a field of 110 degrees of horizontal vision in one or both eyes or a comparable measurement that demonstrates a visual field within this range. However, a license permitting the driving of motor vehicles during a period beginning one-half hour after sunrise and ending one-half hour before sunset, may be issued to a person who demonstrates a visual acuity of at least 20/70 in one or both eyes without or with corrective lenses provided he demonstrates at least a field of 70 degrees of horizontal vision or a comparable measurement that demonstrates a visual field within this range, and further provided that if such person has vision in one eye only, he demonstrates at least a field of 40 degrees temporal and 30 degrees nasal horizontal vision or a comparable measurement that demonstrates a visual field within this range.
  2. The Department shall not issue a driver’s license or learner’s permit to any person authorizing the driving of a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.) unless he demonstrates a visual acuity of at least 20/40 in each eye and at least a field of 140 degrees of horizontal vision or a comparable measurement that demonstrates a visual field within this range.
  3. Every person applying to renew a driver’s license and required to be reexamined as a prerequisite to the renewal of the license, shall:
    1. Appear before a license examiner of the Department to demonstrate his visual acuity and horizontal field of vision, or
    2. Accompany his application with a report of such examination made within 90 days prior thereto by an ophthalmologist or optometrist.
  4. The test of horizontal visual fields made by license examiners of the Department shall be performed at thirty-three and one-third centimeters with a 10 millimeter round white test object or may, at the discretion of the Commissioner, be performed with electronic or other devices designed for the purpose of testing visual acuity and horizontal field of vision. The report of examination of visual acuity and horizontal field of vision made by an ophthalmologist or optometrist shall have precedence over an examination made by a license examiner of the Department in administrative determination as to the issuance of a license to drive. Any such report may, in the discretion of the Commissioner, be referred to a medical advisory board or to the State Health Commissioner for evaluation.
  5. Notwithstanding the provisions of subsection B of this section, any person who is licensed to drive any motor vehicle may, on special application to the Department, be licensed to drive any vehicle, provided the operation of the vehicle would not unduly endanger the public safety, as determined by the Commissioner.The Commissioner may waive the vision requirements of subsection B for any commercial driver’s license applicant who either (i) is subject to the Federal Motor Carrier Safety Regulations but is exempt from the vision standards of 49 C.F.R. Part 391 or (ii) is not required to meet the vision standards specified in 49 C.F.R. § 391.41 of the regulations.In order to determine whether such a waiver would unduly endanger the public safety, the Commissioner shall require such commercial driver’s license applicant to submit a special waiver application and to provide all medical information relating to his vision that may be requested by the Department. The Department may require such commercial driver’s license applicant to take a road test administered by the Department before determining whether to grant a waiver. If a waiver is granted, the Department may subject the applicant’s use of a commercial motor vehicle to reasonable restrictions, which shall be noted on the commercial driver’s license. If a waiver is granted, the Department may also limit the validity period of the commercial driver’s license, and the expiration date shall be noted on the commercial driver’s license.

History. 1968, c. 642, § 46.1-357.2; 1972, c. 502; 1980, c. 118; 1981, c. 194; 1984, c. 780; 1989, cc. 705, 727; 2010, c. 18; 2013, cc. 165, 582; 2017, cc. 121, 279.

The 2010 amendments.

The 2010 amendment by c. 18 inserted “or a comparable measurement that demonstrates a visual field within this range” three times in subsection A, and at the end of subsection B.

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are nearly identical, and deleted “pursuant to regulations established by the Department” at the end of subsection E; and added the last two paragraphs. In addition, c. 165 made minor stylistic changes.

The 2017 amendments.

The 2017 amendments by cc. 121 and 279 are identical, and substituted “110 degrees” for “100 degrees” in clause (ii) of subsection A.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 10.

§ 46.2-312. Persons using bioptic telescopic lenses.

  1. Persons using bioptic telescopic lenses shall be eligible for driver’s licenses if they:
    1. Demonstrate a visual acuity of at least 20/200 in one or both eyes and a field of seventy degrees horizontal vision without or with corrective carrier lenses or a comparable measurement that demonstrates a visual field within this range, or if these persons have vision in one eye only, they demonstrate a field of at least forty degrees temporal and thirty degrees nasal horizontal vision or a comparable measurement that demonstrates a visual field within this range;
    2. Demonstrate a visual acuity of at least 20/70 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders;
    3. Meet all other criteria for licensure;
    4. Accompany the license application with a report of examination by an ophthalmologist or optometrist on a form prescribed by the Department for evaluation by the Medical Advisory Board.
  2. Persons using bioptic telescopic lenses shall be eligible for learner’s permits issued under § 46.2-335 provided they first meet the requirements of subsection A of this section, except for that part of the examination requiring the applicant to drive a motor vehicle.
  3. Persons using bioptic telescopic lenses shall be subject to the following restrictions:
    1. They shall not be eligible for any of the driver’s license endorsements provided for in § 46.2-328 ;
    2. Their driver’s licenses shall permit the operation of motor vehicles only during the period beginning one-half hour after sunrise and ending one-half hour before sunset.
  4. Notwithstanding the provisions of subdivision C 2 of this section, persons using bioptic telescopic lenses may be licensed to drive motor vehicles between one-half hour before sunset and one-half hour after sunrise if they:
    1. Demonstrate a visual acuity of at least 20/40 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders;
    2. Have been licensed under subsection C of this section for at least one year; and
    3. Pass a skills test taken at night.

History. 1986, c. 115, § 46.1-357.3; 1989, cc. 147, 727; 2010, c. 18.

The 2010 amendments.

The 2010 amendment by c. 18 inserted “or a comparable measurement that demonstrates a visual field within this range” twice in subdivision A 1.

§ 46.2-313. Persons with suspended or revoked licenses.

The Department shall not issue a driver’s license to any person whose license has been suspended, during the period of the suspension; nor to any person whose license has been revoked, or should have been revoked, under the provisions of this title, until the expiration of one year after the license was revoked, unless otherwise permitted by the provisions of this title.

History. Code 1950, § 46-354; 1958, c. 541, § 46.1-358; 1984, c. 780; 1989, c. 727.

§ 46.2-314. Repealed by Acts 2017, c. 156, cl. 2, effective February 23, 2017.

Editor’s note.

Former § 46.2-314 , which prohibited the issuance of a license to applicant who has previously been adjudged incapacitated, derived from Code 1950, § 46-356; 1958, c. 541, § 46.1-360; 1976, c. 368; 1984, c. 780; 1989, c. 727; 1997, c. 801; 2012, cc. 476, 507.

§ 46.2-315. Disabled persons.

The Department shall not issue a driver’s license to any person when, in the opinion of the Department, the person is suffering from a physical or mental disability or disease which will prevent his exercising reasonable and ordinary control over a motor vehicle while driving it on the highways, nor shall a license be issued to any person who is unable to understand highway warning or direction signs.

The words “disability or disease” shall not mean inability of a person to hear or to speak, or both, when he has good vision and can satisfactorily demonstrate his ability to drive a motor vehicle and has sufficient knowledge of traffic rules and regulations.

History. Code 1950, § 46-357; 1958, c. 541, § 46.1-361; 1984, c. 780; 1989, c. 727.

§ 46.2-316. Persons convicted or found not innocent of certain offenses; requirement of proof of financial responsibility for certain offenses.

  1. The Department shall not issue a driver’s license or learner’s permit to any resident or nonresident person while his license or other privilege to drive is suspended or revoked because of his conviction, or finding of not innocent in the case of a juvenile, or forfeiture of bail upon the following charges of offenses committed in violation of either a law of the Commonwealth or a valid local ordinance or of any federal law or law of any other state or any valid local ordinance of any other state:
    1. Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
    2. Perjury, the making of a false affidavit to the Department under any law requiring the registration of motor vehicles or regulating their operation on the highways, or the making of a false statement in any application for a driver’s license.
    3. Any crime punishable as a felony under the motor vehicle laws or any felony in the commission of which a motor vehicle is used.
    4. Violation of the provisions of § 18.2-51.4 , pertaining to maiming while under the influence, § 18.2-266 , pertaining to driving while under the influence of intoxicants or drugs, or of § 18.2-272 , pertaining to driving while the driver’s license has been forfeited for a conviction, or finding of not innocent in the case of a juvenile, under §§ 18.2-51.4 , 18.2-266 or § 18.2-272 , or for violation of the provisions of any federal law or law of any other state or any valid local ordinance similar to §§ 18.2-51.4, 18.2-266 or § 18.2-272.
    5. Failure of a driver of a motor vehicle, involved in an accident resulting in death or injury to another person, to stop and disclose his identity at the scene of the accident.
    6. On a charge of operating or permitting the operation, for the second time, of a passenger automobile for the transportation of passengers for rent or for hire, without having first obtained a license for the privilege as provided in § 46.2-694 .
  2. Except as provided in subsection C, the Department shall not issue a driver’s license or learner’s permit to any person convicted of a crime mentioned in subsection A of this section for a further period of three years after he otherwise becomes entitled to a license or permit until he proves to the Commissioner his ability to respond in damages as provided in Article 15 (§ 46.2-435 et seq.) of Chapter 3 of this title or any other law of the Commonwealth requiring proof of financial responsibility.
  3. In addition to the prohibition on licensure set forth in subsection A, the Department shall not issue or reinstate a driver’s license or learner’s permit to any person convicted of a violation set forth in subdivision A 4 for a period of three years after he otherwise becomes entitled to a license or permit until he furnishes proof of financial responsibility in the future under a motor vehicle liability insurance policy that satisfies the requirements of § 46.2-472 except that the limits of coverage exclusive of interest and costs, with respect to each motor vehicle insured under the policy, shall be not less than double the minimum limits set forth in subdivision A 3 of § 46.2-472 for bodily injury or death of one person in any one accident, for bodily injury to or death of two or more persons in any one accident, and for injury to or destruction of property of others in any one accident.

History. Code 1950, § 46-358; 1958, c. 541, § 46.1-362; 1960, c. 364; 1966, c. 549; 1974, c. 453; 1980, c. 29; 1984, c. 780; 1989, c. 727; 1997, c. 691; 2007, c. 496.

Editor’s note.

Acts 2007, c. 496, which added subsection C, in cl. 2 provides: “That the provisions of this Act shall apply to policies issued or renewed on or after January 1, 2008.”

At the direction of the Virginia Code Commission, “subdivision A 3 of § 46.2-472 ” was substituted for “subdivision 3 of § 46.2-472 ” in subsection C to conform to changes to that section by Acts 2021, Sp. Sess. I, c. 273, effective January 1, 2022.

The 2007 amendments.

The 2007 amendment by c. 496 inserted “Except as provided in subsection C” at the beginning of subsection B; and added subsection C. See Editor’s note for applicability clause.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, §§ 10, 11.

CIRCUIT COURT OPINIONS

Application for driver’s license properly denied. —

Virginia Department of Motor Vehicles (DMV) properly refused to issue an applicant a driver’s license where his driving privileges remained revoked or suspended in three other states due to his driving while intoxicated (DWI) convictions as § 46.2-483 allowed a person whose driving privileges had been suspended or revoked in another state to apply for a new license in Virginia after expiration of one year from the date of revocation only if permitted by law; this section explicitly prohibited the DMV from issuing a driver’s license to any person whose driving privileges were suspended or revoked due to a DWI conviction. Subdivision A 4 did not nullify the provisions of §§ 46.2-360 or 46.2-391 as those statutes provided a procedure whereby driving privileges could be restored and thereafter § 46.2-316 would no longer proscribe the issuance of a driver’s license. Brauer v. DMV, 70 Va. Cir. 145, 2006 Va. Cir. LEXIS 20 (Warren County Jan. 20, 2006).

While the Driver License Compact, § 46.2-483 , allows a person whose driving privileges have been suspended or revoked in another state to apply for a new license in Virginia after expiration of one year from the date of revocation, such permission is circumscribed by the concluding language of the same sentence: “if permitted by law”; this section explicitly prohibits the Virginia Department of Motor Vehicles from issuing a driver’s license to any person whose driving privileges are suspended or revoked by reason of a conviction of driving while under the influence of intoxicants or drugs. Brauer v. DMV, 70 Va. Cir. 145, 2006 Va. Cir. LEXIS 20 (Warren County Jan. 20, 2006).

CASE NOTES

Driver’s license renewal properly denied. —

Driver was ineligible for a driver’s license due to the similarity of the driver’s convictions in other states to Virginia statutes prohibiting driving while intoxicated and after forfeiture of a license because (1) a dissimilar Georgia punishment did not make that state’s statute dissimilar for such purposes, and (2) a Florida release letter did not show the driver had no predicate Florida conviction and suspension, as the letter did not mention a Tennessee conviction and subsequent Florida revocation, and the letter was sent in error as one of the driver’s two National Driver Registry profiles listed the driver as ineligible. Dorman v. Commonwealth, 2019 Va. App. LEXIS 209 (Va. Ct. App. Sept. 24, 2019).

§ 46.2-317. Persons making false statement in application.

The Department shall not issue, for a period of one year, a driver’s license or learner’s permit when the records of the Department clearly show to the satisfaction of the Commissioner that the person has made a willful material false statement on any application for a driver’s license.

History. Code 1950, § 46-358.1; 1958, c. 541, § 46.1-363; 1984, c. 780; 1989, c. 727.

§ 46.2-318. Cancellation or revocation of license where application is false in material particular.

The Commissioner may cancel or revoke any license or permit issued pursuant to this title when it appears that the information set forth in the application for the license or permit is false in any material particular.

History. 1958, c. 541, § 46.1-364; 1989, c. 727.

§ 46.2-319. Refusal or revocation of license for certain fraudulent acts in obtaining a driver’s license.

The Department shall not issue any permit or license under this title to any person who has been convicted, or found not innocent in the case of a juvenile, of violating § 46.2-348 , when the violation was based on the taking of any examination under §§ 46.2-311 , 46.2-322 , 46.2-325 or the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.) for another person, or the appearance for another for renewal of a license under this chapter, for a period of ten years from the date of conviction, or finding of not innocent in the case of a juvenile. If the person has a license or permit issued pursuant to this title, the Commissioner shall revoke the license or permit for a period of ten years from the date of the conviction, or finding of not innocent in the case of a juvenile.

History. 1968, c. 642, § 46.1-365; 1974, c. 453; 1989, cc. 705, 727.

§ 46.2-320. Other grounds for refusal or suspension.

The Department may refuse to grant an application for a driver’s license in any of the circumstances set forth in § 46.2-608 as circumstances justifying the refusal of an application for the registration of a motor vehicle. The Department may refuse to issue or reissue a driver’s license for the willful failure or refusal to pay any taxes or fees required to be collected or authorized to be collected by the Department.

History. Code 1950, § 46-359; 1958, c. 541, § 46.1-366; 1982, c. 147; 1984, c. 780; 1989, c. 727; 1995, c. 595; 1996, cc. 785, 1013; 1997, cc. 473, 794, 857, 898; 1999, c. 615; 2001, cc. 645, 779; 2010, c. 682; 2011, c. 773; 2012, c. 829.

Cross references.

As to remedies for delinquency in support obligations, including attachment of unemployment benefits and workers’ compensation benefits and suspension of an individual’s driver’s license, see § 63.2-1941 .

The 1999 amendment effective March 28, 1999, in subsection B, substituted “service on” for “receipt by” in the second sentence; in the third sentence, inserted clause designators (i) through (iii), in clause (i), substituted “return receipt requested” for “with proof of actual receipt,” substituted “addresses” for “address,” and deleted “by personal delivery to the obligor” following “Social Services or”, and in clause (ii), deleted “subdivision 1 of” preceding “§ 8.01-296 ”; substituted “days from service” for “days of receipt”in the fourth sentence; and in subsection C, substituted “service” for “receipt” near the beginning of the first sentence.

The 2001 amendments.

The 2001 amendments by cc. 645 and 779 are identical, and substituted “of the purposes set forth in subsection E of § 18.2-271.1 ” for “or all of the following purposes: (i) travel to and from his place of employment and for travel during the hours of such person’s employment if the operation of a motor vehicle is a necessary incident of such employment; (ii) travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; (iii) travel to and from visitation with a child of such person; or (iv) such other medically necessary travel as the court deems necessary and proper upon written verification of need by a licensed health professional” in subsection C.

The 2010 amendments.

The 2010 amendment by c. 682 inserted clause (iv) in subsection D and made minor stylistic changes.

The 2011 amendments.

The 2011 amendment by c. 773 substituted (a) to (c) designations for (i) to (iii) designations in the third sentence of subsection B; substituted “$600” for “$500” in clause (ii) of subsection D; and added subsection E.

The 2012 amendments.

The 2012 amendment by c. 829 rewrote the section.

Research References.

Enforcement of Judgments and Liens in Virginia (Matthew Bender). Chapter 7 Family Support Obligations. § 7.3 Virginia Child Support Enforcement Program. Rendleman.

Virginia Forms (Matthew Bender). No. 5-252. Petition for Restricted Driver’s License — Failure to Pay Child Support et seq.

§ 46.2-320.1. Other grounds for suspension; nonpayment of child support.

  1. The Commissioner may enter into an agreement with the Department of Social Services whereby the Department may suspend or refuse to renew the driver’s license of any person upon receipt of notice from the Department of Social Services that the person (i) is delinquent in the payment of child support by 90 days or more or in an amount of $5,000 or more or (ii) has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings. A suspension or refusal to renew authorized pursuant to this section shall not be effective until 30 days after service on the delinquent obligor of notice of intent to suspend or refusal to renew. The notice of intent shall be served on the obligor by the Department of Social Services (a) by certified mail, return receipt requested, or by electronic means, sent to the obligor’s last known addresses as shown in the records of the Department or the Department of Social Services or (b) pursuant to § 8.01-296 , or service may be waived by the obligor in accordance with procedures established by the Department of Social Services. The obligor shall be entitled to a judicial hearing if a request for a hearing is made, in writing, to the Department of Social Services within 30 days from service of the notice of intent. Upon receipt of the request for a hearing, the Department of Social Services shall petition the court that entered or is enforcing the order, requesting a hearing on the proposed suspension or refusal to renew. The court shall authorize the suspension or refusal to renew only if it finds that the obligor’s noncompliance with the child support order was willful. Upon a showing by the Department of Social Services that the obligor is delinquent in the payment of child support by 90 days or more or in an amount of $5,000 or more, the burden of proving that the delinquency was not willful shall rest upon the obligor. The Department shall not suspend or refuse to renew the driver’s license until a final determination is made by the court.
  2. At any time after service of a notice of intent, the person may petition the juvenile and domestic relations district court in the jurisdiction where he resides for the issuance of a restricted license to be used if the suspension or refusal to renew becomes effective. Upon such petition and a finding of good cause, the court may provide that such person be issued a restricted permit to operate a motor vehicle for any of the purposes set forth in subsection E of § 18.2-271.1 . A restricted license issued pursuant to this subsection shall not permit any person to operate a commercial motor vehicle as defined in § 46.2-341.4 . The court shall order the surrender of the person’s license to operate a motor vehicle, to be disposed of in accordance with the provisions of § 46.2-398 , and shall forward to the Commissioner a copy of its order entered pursuant to this subsection. The order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify him.
  3. The Department shall not renew a driver’s license or terminate a license suspension imposed pursuant to this section until it has received from the Department of Social Services a certification that the person has (i) paid the delinquency in full; (ii) reached an agreement with the Department of Social Services to satisfy the delinquency within a period not to exceed 10 years, and at least one payment representing at least five percent of the total delinquency or $600, whichever is less, has been made pursuant to the agreement; (iii) complied with a subpoena, summons, or warrant relating to a paternity or child support proceeding; or (iv) completed or is successfully participating in an intensive case monitoring program for child support as ordered by a juvenile and domestic relations district court or as administered by the Department of Social Services. Certification by the Department of Social Services shall be made by electronic or telephonic communication and shall be made on the same work day that payment required by clause (i) or (ii) is made.
  4. If a person who has entered into an agreement with the Department of Social Services pursuant to clause (ii) of subsection C fails to comply with the requirements of the agreement, the Department of Social Services shall notify the Department of the person’s noncompliance and the Department shall suspend or refuse to renew the driver’s license of the person until it has received from the Department of Social Services a certification that the person has paid the delinquency in full or has entered into a subsequent agreement with the Department of Social Services to satisfy the delinquency within a period not to exceed seven years and has made at least one payment of $1,200 or seven percent of the total delinquency, whichever is less, pursuant to the agreement. If the person fails to comply with the terms of a subsequent agreement reached with the Department of Social Services pursuant to this section, without further notice to the person as provided in the subsequent agreement, the Department of Social Services shall notify the Department of the person’s noncompliance, and the Department shall suspend or refuse to renew the driver’s license of the person. A person who has failed to comply with the terms of a second or subsequent agreement pursuant to this subsection may be granted a new agreement with the Department of Social Services if the person has made at least one payment of $1,800 or 10 percent of the total delinquency, whichever is less, and agrees to a repayment schedule of not more than seven years. Upon receipt of certification from the Department of Social Services of the person’s satisfaction of these conditions, the Department shall issue a driver’s license to the person or reinstate the person’s driver’s license. Certification by the Department of Social Services shall be made by electronic or telephonic communication and shall be made on the same work day that payment required by this subsection is made.

History. 2012, c. 829; 2015, c. 506; 2016, c. 29; 2019, cc. 284, 285.

The 2015 amendments.

The 2015 amendment by c. 506 in subsection C, inserted “as” preceding “ordered” and substituted “or as administered by the Department of Social Services” for “for noncustodial parents, as determined by the court” in the first sentence.

The 2016 amendments.

The 2016 amendment by c. 29, in the third sentence of subsection A, inserted “or by electronic means” and made a minor stylistic change.

The 2019 amendments.

The 2019 amendments by cc. 284 and 285 are identical, and in subsection A, substituted “30 days” for “10 days” in the fourth sentence; in subsections C and D, substituted “whichever is less” for “whichever is greater” three times; and in subsection D, substituted “seven percent” for “five percent” and “10 percent” for “five percent.”

Research References.

Enforcement of Judgments and Liens in Virginia (Matthew Bender). Chapter 7 Family Support Obligations. § 7.3 Virginia Child Support Enforcement Program. Rendleman.

§ 46.2-320.2. Repealed by Acts 2020, cc. 740 and 741, cl. 2.

Editor’s note.

Former § 46.2-320.2 , which allowed for suspension of license for nonpayment of fees owed to local correctional facilities or regional jails, derived from Acts 2012, c. 829.

§ 46.2-321. Appeal from denial, suspension, or revocation of license; operation of vehicle pending appeal.

Any person denied a license or whose license has been revoked, suspended, or cancelled under this article may appeal in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). From the final judgment of the court, either the petitioner or the Commonwealth shall have an appeal as a matter of right to the Court of Appeals.

While an appeal is pending from the action of the Department denying a license or from the court affirming the action of the Department, the person aggrieved shall not drive a motor vehicle on the highways of the Commonwealth.

History. Code 1950, § 46-360; 1958, c. 541, § 46.1-367; 1960, c. 511; 1973, c. 544; 1984, c. 703; 1986, c. 615; 1989, c. 727; 1990, c. 418.

§ 46.2-322. Examination of licensee believed incompetent; suspension or restriction of license; license application to include questions as to physical or mental conditions of applicant; false answers; examination of applicant; physician’s, nurse practitioner’s, or physician assistant’s statement.

  1. If the Department has good cause to believe that a driver is incapacitated and therefore unable to drive a motor vehicle safely, after written notice of at least 15 days to the person, it may require him to submit to an examination to determine his fitness to drive a motor vehicle. If the driver so requests in writing, the Department shall give the Department’s reasons for the examination, including the identity of all persons who have supplied information to the Department regarding the driver’s fitness to drive a motor vehicle. However, the Department shall not supply the reasons or information if its source is a relative of the driver or a physician, physician assistant, nurse practitioner, pharmacist, or other licensed medical professional as defined in § 38.2-602 treating, or prescribing medications for, the driver.
  2. As a part of its examination, the Department may require a physical examination by a licensed physician, licensed nurse practitioner, or licensed physician assistant and a report on the results thereof. When it has completed its examination, the Department shall take whatever action may be appropriate and may suspend the license or privilege to drive a motor vehicle in the Commonwealth of the person or permit him to retain his license or privilege to drive a motor vehicle in the Commonwealth, or may issue a license subject to the restrictions authorized by § 46.2-329 . Refusal or neglect of the person to submit to the examination or comply with restrictions imposed by the Department shall be grounds for suspension of his license or privilege to drive a motor vehicle in the Commonwealth.
  3. The Commissioner shall include, as a part of the application for an original driver’s license, or renewal thereof, questions as to the existence of physical or mental conditions that impair the ability of the applicant to drive a motor vehicle safely. Any person knowingly giving a false answer to any such question shall be guilty of a Class 2 misdemeanor. If the answer to any such question indicates the existence of such condition, the Commissioner shall require an examination of the applicant by a licensed physician, licensed physician assistant, or licensed nurse practitioner as a prerequisite to the issuance of the driver’s license. The report of the examination shall contain a statement that, in the opinion of the physician, physician assistant, or nurse practitioner, the applicant’s physical or mental condition at the time of the examination does or does not preclude his safe driving of motor vehicles.

History. Code 1950, § 46-378; 1952, c. 666; 1958, c. 541, § 46.1-383; 1960, c. 201; 1966, c. 631; 1968, c. 167; 1972, c. 419; 1974, c. 453; 1978, c. 353; 1984, c. 780; 1988, c. 798; 1989, c. 727; 1997, c. 801; 2004, cc. 351, 855; 2006, c. 396; 2011, c. 441.

Cross references.

As to punishment for Class 2 misdemeanors, see § 18.2-11 .

Editor’s note.

Acts 2004, c. 855, cl. 2 provides: “That this act shall take effect 60 days following the effective date of the regulations promulgated by the Board of Medicine and Board of Nursing required by the third enactment clause of this act.” Emergency regulations took effect July 15, 2004.

Acts 2004, c. 855, cl. 3 provides: “That the Board of Medicine and Board of Nursing shall amend regulations governing the licensure of nurse practitioners to be effective within 280 days of enactment of this act. Such amendments shall require inclusion of the nurse practitioner’s authority for signatures, certifications, stamps, verifications, affidavits and endorsements in the written protocol between the supervising physician and the nurse practitioner.” See 20:24 VA. R. 2974-2975.

The 2004 amendments.

The 2004 amendment by c. 351, in subsection A, substituted “15” for “fifteen” in the first sentence and in the last sentence, inserted “a pharmacist, or another licensed medical professional as defined in § 38.2-602 ” and “or prescribing medications for”; and made a minor stylistic change.

The 2004 amendment by c. 855, in subsection A, substituted “15” for “fifteen” and inserted “or nurse practitioner” preceding “treating the driver”; inserted “or licensed nurse practitioner” preceding “and a report” in subsection B; and in subsection C, substituted “that” for ‘’which,” inserted “or licensed nurse practitioner” preceding “as a prerequisite” and “or nurse practitioner” preceding “the applicant’s physical.” For contingent effective date, see Editor’s notes.

The 2006 amendments.

The 2006 amendment by c. 396 inserted “physician assistant” in the last sentence in subsection A.

The 2011 amendments.

The 2011 amendment by c. 441, in the last sentence in subsection A, substituted “nurse practitioner, pharmacist, or other licensed medical professional” for “or nurse practitioner, a pharmacist, or another licensed medical professional”; in the first sentence in subsection B, inserted “or licensed physician assistant” and made a related change; and in subsection C, inserted “licensed physician assistant” in the third sentence, and “physician assistant” in the last sentence.

Law Review.

For 2006 survey article, “Health Care Law,” see 41 U. Rich. L. Rev. 179 (2006).

Article 4. Obtaining Licenses, Generally.

§ 46.2-323. Application for driver’s license; proof of completion of driver education program; penalty.

  1. Every application for a driver’s license, temporary driver’s permit, learner’s permit, or motorcycle learner’s permit shall be made on a form prescribed by the Department and the applicant shall write his usual signature in ink in the space provided on the form. The form shall include notice to the applicant of the duty to register with the Department of State Police as provided in Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, if the applicant has been convicted of an offense for which registration with the Sex Offender and Crimes Against Minors Registry is required.
  2. Every application shall state the full legal name, year, month, and date of birth, social security number, sex, and residence address of the applicant; whether or not the applicant has previously been licensed as a driver and, if so, when and by what state, and whether or not his license has ever been suspended or revoked and, if so, the date of and reason for such suspension or revocation. Applicants shall be permitted to choose between “male,” “female,” or “non-binary” when designating the applicant’s sex on the driver’s license application form. The Department, as a condition for the issuance of any driver’s license, temporary driver’s permit, learner’s permit, or motorcycle learner’s permit shall require the surrender of any driver’s license or, in the case of a motorcycle learner’s permit, a motorcycle license issued by another state and held by the applicant. The applicant shall also answer any questions on the application form or otherwise propounded by the Department incidental to the examination. The applicant may also be required to present proof of identity, residency, and social security number or non-work authorized status, if required to appear in person before the Department to apply.The Commissioner shall require that each application include a certification statement to be signed by the applicant under penalty of perjury, certifying that the information presented on the application is true and correct.If the applicant fails or refuses to sign the certification statement, the Department shall not issue the applicant a driver’s license, temporary driver’s permit, learner’s permit or motorcycle learner’s permit.Any applicant who knowingly makes a false certification or supplies false or fictitious evidence shall be punished as provided in § 46.2-348 .
  3. Every application for a driver’s license shall include a photograph of the applicant supplied under arrangements made by the Department. The photograph shall be processed by the Department so that the photograph can be made part of the issued license.
  4. Notwithstanding the provisions of § 46.2-334 , every applicant for a driver’s license who is under 18 years of age shall furnish the Department with satisfactory proof of his successful completion of a driver education program approved by the State Department of Education.
  5. Every application for a driver’s license submitted by a person less than 18 years old and attending a public school in the Commonwealth shall be accompanied by a document, signed by the applicant’s parent or legal guardian, authorizing the principal, or his designee, of the school attended by the applicant to notify the juvenile and domestic relations district court within whose jurisdiction the minor resides when the applicant has had 10 or more unexcused absences from school on consecutive school days.
  6. The Department shall electronically transmit application information to the Department of State Police, in a format approved by the State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry Files, at the time of issuance of a driver’s license, temporary driver’s permit, learner’s permit, or motorcycle learner’s permit. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register, reregister, or verify his registration information pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person made application of licensure.

History. Code 1950, § 46-362; 1958, c. 541, § 46.1-368; 1962, c. 368; 1968, c. 642; 1974, c. 605; 1982, c. 180; 1983, c. 608; 1984, cc. 778, 780; 1988, c. 105; 1989, cc. 705, 727; 1993, cc. 471, 501; 1994, c. 362; 1998, c. 322; 2002, cc. 535, 867; 2003, c. 584; 2005, cc. 259, 828; 2006, cc. 857, 914; 2009, cc. 439, 872; 2016, c. 488; 2020, cc. 544, 829.

Cross references.

As to question to be included in application for operator’s or chauffeur’s license under Driver License Compact as to whether the applicant is currently licensed in another state, see § 46.2-488 .

Editor’s note.

Acts 2020, c. 829, cl. 2 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 1998 amendment, in subsection A, in the first sentence, deleted “or” preceding “learner’s permit,” and inserted “or motorcycle learner’s permit”; in subsection B, in the first paragraph, in the second sentence, deleted “or” following “driver’s permit,” inserted “or motorcycle learner’s permit,” and inserted “or, in the case of a motorcycle learner’s permit, a motorcycle license,” and in the third paragraph, deleted “or” preceding “learner’s permit,” and added “or motorcycle learner’s permit”; in subsection C, deleted the former last sentence which related to photographs for applicants; deleted former subsection D, which related to photographs for persons under twenty one years of age; and redesignated former subsection E as present subsection D.

The 2002 amendments.

The 2002 amendment by ch. 535 deleted “unlicensed” preceding “applicant” in subsection D.

The 2002 amendment by c. 867, at the end of subsection A, substituted “an offense for which registration with the Sex Offender and Crimes Against Minors Registry is required” for “a felony in violation of §§ 18.2-61 , 18.2-63 , 18.2-64.1 , 18.2-67.1 , 18.2-67.2 , 18.2-67.3 , 18.2-67.5 , 18.2-370 or § 18.2-370.1 or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10 , subsection B of § 18.2-361 or subsection B of § 18.2-366 , including juveniles tried and convicted in the circuit courts pursuant to § 16.1-269.1 whether sentenced as adults or juveniles, or a felony under a substantially similar law of the United States or any other state.”

The 2003 amendments.

The 2003 amendment by c. 584 substituted “Chapter 9 (§ 9.1-900 et seq.) of Title 9.1” for “§ 19.2-298.1 ” in subsection A; and substituted “19” for “nineteen” in subsection D.

The 2005 amendments.

The 2005 amendments by cc. 259 and 828 are identical, and inserted “full legal” preceding “name” in the first sentence of subsection B.

The 2006 amendments.

The 2006 amendments by cc. 857 and 914, effective January 1, 2007, are identical, and added subsection E.

The 2009 amendments.

The 2009 amendment by c. 439 added subsection E; and redesignated former subsection E as subsection F.

The 2009 amendment by c. 872, in subsection B, substituted “shall require” for “may require” and “proof of identity, residency, and social security number or non-work authorized status, if required to appear in person before the Department to apply” for “to the person conducting the examination a birth certificate or other evidence, reasonably acceptable to the Department, of his name and date of birth,” deleted the second paragraph, which required certification statement proving that he is resident of the Commonwealth; in the third paragraph, deleted “either (i)” preceding “fails or refuses” and deleted “or (ii) fails to follow the process determined by the Commissioner for proving residency” at the end; in the fourth paragraph, deleted “of Virginia residency” following “false certification” and “fictitious evidence” and deleted the last paragraph, which read: “The Commissioner may, on a case-by-case basis, waive any provision of such regulations for good cause shown”; and in subsection C, deleted “color” preceding “photograph of.”

The 2016 amendments.

The 2016 amendment by c. 488, in subsection D, substituted “18 years” for “19 years.”

The 2020 amendments.

The 2020 amendment by c. 544 inserted the second sentence in subsection B.

The 2020 amendment by c. 829 deleted “or” preceding “reregister” and inserted “or verify his registration information” following “reregister” in subsection F.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 8.

CASE NOTES

Editor’s note.

The case below was decided under former Title 46.1 or prior law.

Subsection B does not bring about a constitutional deprivation of privacy. Conant v. Hill, 326 F. Supp. 25, 1971 U.S. Dist. LEXIS 13480 (E.D. Va. 1971).

Nor is it preempted by federal law. —

Subsection B of this section is not preempted by 42 U.S.C. § 1306 and 20 C.F.R. 401.1, since these statutes refer to the Social Security Administration, its employees, and agents as being prohibited from disclosing any information about a person’s social security account, not the holder of a social security card. Conant v. Hill, 326 F. Supp. 25, 1971 U.S. Dist. LEXIS 13480 (E.D. Va. 1971).

Nonfederal organization may use social security number in its record keeping system. —

As to whether the federal social security laws are so pervasive as to preclude a request by the Commonwealth of Virginia that a driver furnish his social security number before being licensed to drive, even though the Social Security Administration’s general policy is to not encourage nonfederal use of social security numbers, it is not illegal for a nonfederal organization to use the social security number in its record keeping system. Such use in and of itself involves no disclosure of information, and thus does not involve a breach of federal law or regulation. Conant v. Hill, 326 F. Supp. 25, 1971 U.S. Dist. LEXIS 13480 (E.D. Va. 1971).

Since certain federal statutes do not specifically preclude a state from requiring the furnishing of social security numbers for a purpose such as that required by this section, federal law is not so pervasive as to preclude this type of state legislation. Conant v. Hill, 326 F. Supp. 25, 1971 U.S. Dist. LEXIS 13480 (E.D. Va. 1971).

§ 46.2-323.01. Issuance of credentials; relationship with federal law.

  1. The Department shall establish a process for persons who, for reasons beyond their control, are unable to provide all necessary documents required for credentials issued under this chapter and must rely on alternate documents to establish identity or date of birth. Alternative documents to demonstrate legal presence will only be allowed to demonstrate United States citizenship.
  2. The Department shall not comply with any federal law or regulation that would require the Department to use any type of computer chip or radio-frequency identification tag or other similar device on or in any credential issued under this chapter.

History. 2009, c. 872; 2021, Sp. Sess. I, c. 544.

Editor’s note.

Acts 2021, Sp. Sess. I, c. 544, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2022.”

Acts 2021, Sp. Sess. I, c. 544, cl. 3 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 544, effective January 1, 2022, substituted “credentials issued under this chapter” for “driver’s licenses, permits, and special identification cards” in subsection A; and substituted “any credential issued under this chapter” for “a driver’s license or special identification card” in subsection B.

§ 46.2-323.1. Certification of Virginia residency; nonresidents not eligible for credentials; penalty.

No credential issued under this chapter shall be issued to any person who is not a Virginia resident. Every person applying for a credential issued under this chapter shall execute and furnish to the Commissioner his certificate that he is a resident of Virginia. The Commissioner or his duly authorized agent may require any such applicant to supply, along with his application, such evidence of his Virginia residency as the Commissioner may deem appropriate and adequate, provided that neither an immigration visa nor a signed written statement, whether or not such statement is notarized, wherein the maker of the statement vouches for the Virginia residency of the applicant, shall be acceptable proof of Virginia residency. If the applicant is less than 19 years old and cannot otherwise provide proof of Virginia residency, the Commissioner may accept proof of the applicant’s parent’s or guardian’s Virginia residency. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the parent’s certification of residency. It is unlawful for any applicant knowingly to make a false certification of Virginia residency or supply false or fictitious evidence of Virginia residency. Any violation of this section shall be punished as provided in § 46.2-348 .

History. 1993, c. 444; 2002, cc. 767, 834; 2021, Sp. Sess. I, c. 544.

Editor’s note.

Acts 2021, Sp. Sess. I, c. 544, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2022.”

Acts 2021, Sp. Sess. I, c. 544, cl. 3 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2002 amendments.

The 2002 amendments by cc. 767 and 834 are virtually identical, and in the first sentence, substituted “temporary driver’s permit” for “or” and inserted “motorcycle learner’s permit, or special identification card”; inserted “provided that neither an immigration visa . . . proof of Virginia residency” in the third sentence; and inserted the fourth and fifth sentences. In addition, c. 834 substituted “temporary driver’s permit, learner’s permit, motorcycle learner’s permit, or special identification card” for “or learner’s permit” in the second sentence.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 544, effective January 1, 2022, in both of the first two sentences, substituted “credential issued under this chapter” for “driver’s license, commercial driver’s license, temporary driver’s permit, learner’s permit, motorcycle learner’s permit, or special identification card”; substituted “is” for “shall be” in the penultimate sentence; and made a stylistic change.

CIRCUIT COURT OPINIONS

Nonresident allowed to register vehicle. —

Virginia allows nonresidents to register their vehicles with the Virginia Department of Motor Vehicles. Commonwealth v. Barnett, 103 Va. Cir. 382, 2019 Va. Cir. LEXIS 1161 (Fairfax County Nov. 15, 2019).

§ 46.2-324. Applicants and license holders to notify Department of change of address; fee.

  1. Whenever any person, after applying for or obtaining a driver’s license or special identification card shall move from the address shown in the application or on the license or special identification card, he shall, within 30 days, notify the Department of his change of address. If the Department receives notification from the person or any court or law-enforcement agency that a person’s residential address has changed to a non-Virginia address, unless the person (i) is on active duty with the armed forces of the United States, (ii) provides proof that he is a U.S. citizen and resides outside the United States because of his employment or the employment of a spouse or parent, or (iii) provides proof satisfactory to the Commissioner that he is a bona fide resident of Virginia, the Department shall (i) mail, by first-class mail, no later than three days after the notice of address change is received by the Department, notice to the person that his license and/or special identification card will be cancelled by the Department and (ii) cancel the driver’s license and/or special identification card 30 days after notice of cancellation has been mailed.
  2. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.
  3. There may be imposed upon anyone failing to notify the Department of his change of address as required by this section a fee of $5, which fee shall be used to defray the expenses incurred by the Department. Notwithstanding the foregoing provision of this subsection, no fee shall be imposed on any person whose address is obtained from the National Change of Address System.
  4. The Department shall electronically transmit change of address information to the Department of State Police, in a format approved by the State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry Files, at the time of the change of address. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register, reregister, or verify his registration information pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person last registered, reregistered, or verified his registration information or in the jurisdiction where the person made application for change of address.
  5. For any summons issued for a violation of this section, the court may, in its discretion, dismiss the summons, where proof of compliance with this section is provided to the court on or before the court date.

History. 1974, c. 347, § 46.1-368.1; 1989, c. 727; 1996, cc. 943, 994; 2002, cc. 767, 834; 2006, cc. 857, 914; 2010, cc. 25, 55; 2017, c. 670; 2020, c. 829.

Editor’s note.

Acts 2020, c. 829, cl. 2 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2006 amendments.

The 2006 amendments by cc. 857 and 914, effective January 1, 2007, are identical, and inserted the A and B designations at the beginning of the first and second paragraphs and added subsection C.

The 2010 amendments.

The 2010 amendments by cc. 25 and 55 are identical, and twice substituted “30 days” for “thirty days” in subsection A; added subsection B; redesignated former subsections B and C as C and D; and added the second sentence of subsection C.

The 2017 amendments.

The 2017 amendment by c. 670 added subsection E.

The 2020 amendments.

The 2020 amendment by c. 829 deleted “or” preceding “reregister,” inserted “or verify his registration information” following “reregister,” and inserted “or verified his registration information” following “reregistration” in subsection D.

§ 46.2-324.1. Requirements for initial licensure of certain applicants.

  1. No driver’s license shall be issued to any applicant unless he either (i) provides written evidence of having satisfactorily completed a course of driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by the Department or the Department of Education or (ii) has held a learner’s permit issued by the Department for at least 60 days prior to his first behind-the-wheel examination by the Department when applying for a noncommercial driver’s license.The provisions of this section shall only apply to persons who are at least 18 years old and who either (a) have never held a driver’s license issued by Virginia or any other state or territory of the United States or foreign country or (b) have never been licensed or held the license endorsement or classification required to operate the type of vehicle which they now propose to operate. Completion of a course of driver instruction approved by the Department or the Department of Education at a driver training school may include the final behind-the-wheel examination for a driver’s license; however, a driver training school shall not administer the behind-the-wheel examination to any applicant who is under medical control pursuant to § 46.2-322 . Applicants completing a course of driver instruction approved by the Department or the Department of Education at a driver training school retain the option of having the behind-the-wheel examination administered by the Department.
  2. No commercial driver’s license shall be issued to any applicant unless he (i) is 18 years old or older, (ii) has complied with the requirements of subsection A of § 46.2-341.9 , (iii) has completed both the theory and the behind-the-wheel portions of the training course within one year from the date instruction was first commenced, and (iv) has completed both the range and the public road portions of the behind-the-wheel curriculum with the same training provider. Applicants for a commercial driver’s license who have never before held a commercial driver’s license shall apply for a commercial learner’s permit and hold the commercial learner’s permit for a minimum of 14 days prior to taking the behind-the-wheel examination for the commercial driver’s license.Holders of a commercial driver’s license who have never held the license endorsement or classification required to operate the type of commercial motor vehicle which they now propose to operate must (a) complete an entry-level driver training course applicable to the license, classification, or endorsement for the type of commercial motor vehicle they propose to operate and (b) apply for a commercial learner’s permit if the upgrade requires a skills test and hold the permit for a minimum of 14 days prior to taking the behind-the-wheel examination for the commercial driver’s license.
  3. Nothing in this section shall be construed to prohibit the Department from requiring any person to complete the skills examination as prescribed in § 46.2-325 and the written or automated examinations as prescribed in § 46.2-335 .
  4. Applicants for a commercial driver’s license who have never before held a commercial driver’s license who are members of the active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary and provide written evidence of having satisfactorily completed a military commercial driver training program shall hold the commercial learner’s permit for a minimum of 14 days prior to taking the behind-the-wheel examination for the commercial driver’s license, provided that the program complies with the requirements provided in Article 2 (§ 46.2-1708 et seq.) of Chapter 17, unless such entity is otherwise exempted from such requirements under federal law or regulation.

History. 2000, c. 685; 2005, cc. 245, 513; 2012, cc. 215, 222; 2013, cc. 165, 582; 2014, c. 685; 2015, c. 258; 2016, c. 488; 2019, c. 750.

Editor’s note.

Acts 2019, c. 750, cl. 3, as amended by Acts 2020, c. 546, cl. 3 provides: “That the provisions of §§ 46.2-324.1 , 46.2-341.4 , and 46.2-341.12 , and subsection A of § 46.2-341.14 relating to eligibility for application to the Department for a Class A or Class B commercial driver’s license or a school bus, passenger, or hazardous materials endorsement, and §§ 46.2-341.14:1 , 46.2-1700 , 46.2-1708 , 46.2-1709 , 46.2-1710 , and 46.2-1711 shall become effective at such time as the Federal Motor Carrier Safety Administration has made available to the Department of Motor Vehicles the information necessary to comply with such provisions, as certified by the Secretary of Transportation.” The Virginia Code Commission has advised that all amendments by c. 750 other than technical amendment adding “the” before “Department of Education” in subsection A, are subject to this enactment. Effective February 7, 2022, the Secretary of Transportation made the proper certifications pursuant to Chapter 770 of the 2019 Acts of Assembly and Chapter 546 of the 2020 Acts of Assembly.

The 2005 amendments.

The 2005 amendment by c. 245, in the second paragraph, deleted “with which the Commissioner has established reciprocal driver’s licensing privileges” at the end of clause (i) and added the last sentence.

The 2005 amendment by c. 513, in the last paragraph, in clause (ii), inserted “except that,” “are 18 years old or older and,” and added “or have never held the license endorsement or classification required to operate the type of commercial motor vehicle that they now propose to operate” at the end of the next to the last sentence; and made a minor stylistic change.

The 2012 amendments.

The 2012 amendments by cc. 215 and 222 are identical, and in the first paragraph, deleted “of this title” following “Chapter 17 (§ 46.2-1700 et seq.)” in clause (i), inserted clause (ii), redesignated former clause (ii) as clause (iii), and in clause (iii), substituted “60 days” for “30 days” and added “when applying for a noncommercial driver’s license”; and in the last paragraph, substituted clause (a) and (b) designators for clause (i) and (ii) designators in the first sentence.

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are identical, and rewrote the section.

The 2014 amendments.

The 2014 amendment by c. 685, in the second paragraph of subsection A, added the last two sentences.

The 2015 amendments.

The 2015 amendment by c. 258, in the first paragraph of subsection B, inserted “subsection A of” in the first sentence and substituted “learner’s permit” for “driver’s instruction permit” three times; substituted “learner’s permit” for “driver’s instruction permit” in the second paragraph of subsection B; added subsections D and E.

The 2016 amendments.

The 2016 amendment by c. 488 substituted “18 years” for “19 years” in the second paragraph of subsection A.

The 2019 amendments.

The 2019 amendment by c. 750 inserted “the” preceding “Department of Education” in subsection A.

The 2019 amendment by c. 750, in subsection B, in the first paragraph, inserted the designations for clauses (i) and (ii), inserted clauses (iii) and (iv), deleted “and either (i) provide written evidence of having satisfactorily completed a course of driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by the Department or Department of Education” following “permit,” and deleted “or (ii) hold the commercial learner’s permit for a minimum of 30 days before taking the behind-the-wheel examination for the commercial driver’s license” at the end; in the second paragraph, inserted clause (a) and the designation for clause (b); in subsection D, deleted “Notwithstanding the provisions of subsection B” at the beginning, and added “provided that the program complies with the requirements provided in Article 2 (§ 46.2-1708 et seq.) of Chapter 17, unless such entity is otherwise exempted from such requirements under federal law or regulation” at the end; and deleted former subsection E, which read: “Notwithstanding the provisions of subsection B, applicants for a commercial driver’s license who have never before held a commercial driver’s license who are employed by a public school division as a bus driver and provide written evidence of having satisfactorily completed a commercial driver training program with a public school division shall hold the commercial learner’s permit for a minimum of 14 days prior to taking the behind-the-wheel examination for the commercial driver’s license”; and made stylistic changes. For effective date, see Editor’s note.

§ 46.2-325. Examination of applicants; waiver of Department’s examination under certain circumstances; behind-the-wheel and knowledge examinations.

  1. The Department shall examine every applicant for a driver’s license before issuing any license to determine (i) his physical and mental qualifications and his ability to drive a motor vehicle without jeopardizing the safety of persons or property and (ii) if any facts exist which would bar the issuance of a license under §§ 46.2-311 through 46.2-316 , 46.2-334 , or 46.2-335 . The examination, however, shall not include investigation of any facts other than those directly pertaining to the ability of the applicant to drive a motor vehicle with safety, or other than those facts declared to be prerequisite to the issuance of a license under this chapter. No applicant otherwise competent shall be required to demonstrate ability to park any motor vehicle except in an adequate parking space between horizontal markers, and not between flags or sticks simulating parked vehicles. Except as provided for in § 46.2-337 , applicants for licensure to drive motor vehicles of the classifications referred to in § 46.2-328 shall submit to examinations which relate to the operation of those vehicles. The motor vehicle to be used by the applicant for the behind-the-wheel examination shall meet the safety and equipment requirements specified in Chapter 10 (§ 46.2-1000 et seq.) and possess a valid inspection sticker as required pursuant to § 46.2-1157 . An autocycle shall not be used by the applicant for a behind-the-wheel examination.Prior to taking the examination, the applicant shall either (a) present evidence that the applicant has completed a state-approved driver education class pursuant to the provisions of § 46.2-324.1 or 46.2-334 or (b) submit to the examiner a behind-the-wheel maneuvers checklist, on a form provided by the Department, that describes the vehicle maneuvers the applicant may be expected to perform while taking the behind-the-wheel examination, that has been signed by a licensed driver, certifying that the applicant has practiced the driving maneuvers contained and described therein, and that has been signed by the applicant certifying that, at all times while holding a learner’s permit, the applicant has complied with the provisions of § 46.2-335 while operating a motor vehicle.Except for applicants subject to § 46.2-312 , if the Commissioner is satisfied that an applicant has demonstrated the same proficiency as required by the Department’s examination through successful completion of either (1) the driver education course approved by the Department of Education or (2) a driver training course offered by a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.), he may waive those parts of the Department’s examination provided for in this section that require the applicant to drive and park a motor vehicle.
  2. Any person who fails the behind-the-wheel examination for a driver’s license administered by the Department shall wait two days before being permitted to take another such examination. No person who fails the behind-the-wheel examination for a driver’s license administered by the Department three times shall be permitted to take such examination a fourth time until he successfully completes, subsequent to the third examination failure, the in-vehicle component of driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by the Department or the Department of Education. In addition, no person who fails the driver knowledge examination for a driver’s license administered by the Department three times shall be permitted to take such examination a fourth time until he successfully completes, subsequent to the third examination failure, the classroom component of driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by the Department or the Department of Education or, for (i) persons at least 18 years old or (ii) persons less than 18 years old who have previously completed the classroom component of driver instruction, a course of instruction based on the Virginia Driver’s Manual, which may be conducted in a classroom or online, offered by a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by the Department or the Department of Education. Providers of the Virginia Driver’s Manual course online shall ensure that the certificate of completion is issued to the same person who took the course in a manner prescribed by the Department. All persons required to complete the in-vehicle component of driver instruction or the classroom component of driver instruction pursuant to this section shall be required after successful completion of the necessary courses to have the applicable examination administered by the Department.The provisions of this subsection shall not apply to persons placed under medical control by the Department pursuant to § 46.2-322 .

History. Code 1950, § 46-365; 1954, c. 454; 1958, c. 541, § 46.1-369; 1966, cc. 375, 595; 1968, c. 176; 1976, c. 8; 1984, c. 780; 1989, c. 727; 1995, c. 847; 1997, c. 841; 2007, c. 190; 2008, c. 735; 2012, cc. 215, 222; 2013, c. 272; 2014, cc. 53, 256, 685; 2016, c. 381; 2017, c. 73; 2019, c. 745; 2021, Sp. Sess. I, c. 139.

The 2007 amendments.

The 2007 amendment by c. 190 added the exception at the beginning of the last sentence of the first paragraph.

The 2008 amendments.

The 2008 amendment by c. 735 inserted the subsection A designation and added subsection B.

The 2012 amendments.

The 2012 amendments by cc. 215 and 222, in subsection A, added the last sentence of the first paragraph, added the second paragraph, and in the last paragraph, substituted clause (1) and (2) designators for clause (i) and (ii) designators and deleted “of this title” following “Chapter 17 (§ 46.2-1700 et seq.)”; and added the first sentence in the first paragraph of subsection B. Chapter 222 included the word “also” following “the applicant shall” in the introductory language of the second paragraph of subsection A and did not included the language in that paragraph beginning with “and that has been signed by the applicant.” The section is set out in the form above at the direction of the Virginia Code Commission.

The 2013 amendments.

The 2013 amendment by c. 272 substituted “for persons at least 19 years old, a course of instruction based on the Virginia Driver’s Manual offered by a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) and” for “a comparable course” in the last sentence of the first paragraph of subsection B.

The 2014 amendments.

The 2014 amendments by cc. 53 and 256 are identical and, in the first paragraph of subsection A, added the last sentence.

The 2014 amendment by c. 685, in subsection B, added the last sentence in the first paragraph.

The 2016 amendments.

The 2016 amendment by c. 381, in the next-to-last sentence of the first paragraph of subsection B, inserted “(i)” and “or (ii) persons less than 19 years old who have previously completed the classroom component of driver instruction at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.).”

The 2017 amendments.

The 2017 amendment by c. 73, in the third sentence of subsection B, inserted “or a comparable course approved by the Department or the Department of Education,” substituted “18 years” for “19 years” in clauses (i) and (ii), deleted “at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.)” following “component of driver instruction” in clause (ii), and in the last sentence of subsection B, substituted “complete the in-vehicle component of driver instruction or the classroom component of driver instruction” for “attend a driver training school.”

The 2019 amendments.

The 2019 amendment by c. 745, in the first paragraph of subsection B, inserted “which may be conducted in a classroom or online” preceding “offered by” and substituted “or a comparable course” for “and” in the third sentence and inserted the fourth and fifth sentences; and inserted “Any driver training school authorized to provide the Virginia Driver’s Manual course online shall be a computer-based driver education provider as defined in § 46.2-1700 . Providers of the Virginia Driver’s Manual course online shall ensure that the certificate of completion is issued to the same person who took the course in a manner prescribed by the Department” preceding “All persons”; and made stylistic changes.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 139, effective July 1, 2021, deleted the former fourth sentence in subsection B, which read: “Any driver training school authorized to provide the Virginia Driver’s Manual course online shall be a computer-based driver education provider as defined in § 46.2-1700 .”

Law Review.

For survey of Virginia criminal law and procedure for the year 2004-2005, see 40 U. Rich. L. Rev. 197 (2005).

§ 46.2-326. Designation of examiners; conduct of examination; reports.

The Commissioner shall designate persons within the Commonwealth to act for the Department in examining driver’s license applicants. Any person so designated shall conduct examinations of driver’s license applicants under this title and report his findings and recommendations to the Department.

History. Code 1950, § 46-366; 1958, c. 541, § 46.1-371; 1984, c. 780; 1989, cc. 705, 727.

§ 46.2-326.1. Designation of commercial driver’s license skills testing examiners.

  1. Notwithstanding the provisions of § 46.2-1702 and unless the Commissioner identifies grounds that would be cause for cancellation of a certification pursuant to subsection D of § 46.2-341.14:5 during the application process, the Department shall certify a licensed Class A driver training school as a third party tester, as defined in § 46.2-341.4 , to conduct skills tests if, in addition to the requirements listed in subsections B and C of § 46.2-341.14:1 , the school (i) has a program length of 160 hours or more and (ii) maintains a bond in the amount of $100,000 to pay for retesting drivers in the event that the third party tester or one or more of its third party examiners, as defined in § 46.2-341.4 , are involved in fraudulent activities related to conducting knowledge or skills testing for applicants.The bond required by this subsection shall be in lieu of the bond required in subdivision C 5 of § 46.2-341.14:1 but in addition to the bond required for a licensed Class A driver training school.
  2. Licensed Class A driver training schools meeting the requirements of subsection A may apply to the Department for certification as a third party tester. Such application shall include the information required in the application in § 46.2-341.14:3 and shall include (i) evidence of the requirements listed in subsection A; (ii) an application for an employee who will act as a third party examiner; (iii) evidence that the licensed Class A driver training school has maintained a place of business in the Commonwealth for at least three years and has maintained its licensure in good standing or that the third party examiner has been licensed as an instructor, as defined in § 46.2-1700 , at a licensed Class A driver training school for a minimum of two years and has maintained such licensure in good standing; and (iv) a $100 application fee. Such application must be renewed annually.For the purposes of this subsection, “good standing” means that the instructor has not had sanctions levied against him by the Department for actions related to his role as an instructor or that the driver training school has not had sanctions levied by the Department for actions related to participation in the Class A driver training school program.
  3. If the Department fails to certify a licensed Class A driver training school applicant, the Department shall communicate to the applicant its decision and the reason for denial in writing within 60 days of submission of the application.
  4. Licensed Class A driver training schools operating as third party testers shall:
    1. Remit $50 per skills test to the Department in accordance with § 46.2-341.13 ;
    2. Submit to the Department the results of each skills test administered in a form prescribed by the Department;
    3. Test only individuals receiving instruction and training from that school; and
    4. Not require their students to be tested at their driver training school.
  5. Individuals intending to act as third party examiners for a licensed Class A driver training school that is operating as a third party tester shall meet the requirements in § 46.2-341.14:2 and submit to the Department an application that includes (i) the information in the application required by § 46.2-341.14:3 , (ii) evidence of their employment by a licensed Class A driver training school that is operating as a third party tester, and (iii) a $50 application fee. Such application must be renewed annually.
  6. The Department shall have the authority to revoke or cancel the third party tester certification of a licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of this section or any third party examiner employed by such Class A driver training school, effective immediately, for any reason enumerated in § 46.2-341.14:5 . A licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of this section or any third party examiner employed by such Class A driver training school shall not administer skills tests if its authority to provide training has been revoked, canceled, or suspended by the Department pursuant to § 46.2-1705 or any other provision of law.

History. 2019, cc. 78, 155.

Editor’s note.

Acts 2019, cc. 78 and 155, cl. 2 provides: “That the provisions of this act shall become effective on October 1, 2019.”

Acts 2019, cc. 78 and 155, cl. 3 provides: “That the Commissioner of the Department of Motor Vehicles shall report to the Chairmen of the House and Senate Committees on Transportation by December 1, 2021, (i) regarding the wait times for commercial driver’s licenses and the growth of third party testing in the Commonwealth and (ii) on infractions incurred by holders of a Virginia commercial driver’s license while driving a commercial motor vehicle, aggregated by the type of tester, beginning after the implementation of this act.”

§ 46.2-327. Copies of applications; record of licenses and learner’s permits issued, suspended, or revoked.

The Department shall retain a copy of every application for a driver’s license or learner’s permit. The Department shall index and maintain a record of all licenses and learner’s permits issued, suspended, or revoked.

History. Code 1950, § 46-367; 1958, c. 541, § 46.1-372; 1984, c. 780; 1989, c. 727.

§ 46.2-328. Department to issue licenses; endorsements, classifications, and restrictions authorizing operation of certain vehicles.

  1. The Department shall issue to every person licensed as a driver a driver’s license. Every driver’s license shall contain all appropriate endorsements, classifications, and restrictions, where applicable, if the licensee has been licensed:
    1. To operate a motorcycle as defined in § 46.2-100 ;
    2. To operate a school bus as defined in § 46.2-100 ;
    3. To operate a commercial motor vehicle pursuant to the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.); or
    4. To operate a passenger car as defined in § 46.2-100.
  2. Every applicant intending to operate one or more of the motor vehicles described in subsection A, when applying for a driver’s license, shall state in his application the classification of each vehicle that he intends to operate and for which he seeks to be licensed and submit to and pass the examination provided for in § 46.2-325 and, if applicable, §§ 46.2-337 and 46.2-341.14 , using the type of each vehicle for which he seeks to be licensed.
  3. Every applicant intending to drive a motorcycle, when applying for a classification to authorize the driving of a motorcycle, shall submit to and pass the examination provided for in § 46.2-337 . A classification on any license to drive a motorcycle shall indicate that the license is classified for the purpose of authorizing the licensee to drive only motorcycles and shall indicate as applicable a further restriction to a two-wheeled motorcycle only or a three-wheeled motorcycle only. However, if the applicant has a valid license at the time of application for a classification to drive a motorcycle, or if the applicant, at the time of such application, applies for a regular driver’s license and submits to and passes the examination provided for in § 46.2-325 , he shall be granted a classification on his license to drive motorcycles based on the applicable restrictions, in addition to any other vehicles his driver’s license or commercial driver’s license may authorize him to operate.A valid Virginia driver’s license issued to a person 19 years of age or older shall constitute a driver’s license with a temporary motorcycle classification for the purposes of driving a motorcycle if the driver’s license is accompanied by either (i) documentation verifying his successful completion of a motorcycle rider safety training course offered by a provider licensed under Article 23 (§ 46.2-1188 et seq.) of Chapter 10 or (ii) documentation that the license holder is a member, the spouse of a member, or a dependent of a member of the United States Armed Services and that the license holder has successfully completed a basic motorcycle rider course approved by the United States Armed Services. The temporary motorcycle classification shall only be valid for 30 days from the date of successful completion of the motorcycle rider safety training course as shown on the documentation evidencing completion of such course. The temporary motorcycle classification shall indicate whether the license holder is authorized to operate any motorcycle or is restricted to either a two-wheeled motorcycle only or a three-wheeled motorcycle only.Any person who holds a valid Virginia driver’s license and is a member, the spouse of a member, or a dependent of a member of the United States Armed Services shall be issued a motorcycle classification by mail upon documentation of (a) successful completion of a basic motorcycle rider course approved by the United States Armed Services and (b) documentation of his assignment outside the Commonwealth.
  4. The Department may make any changes in the classifications and endorsements during the validity of the license as may be appropriate.
  5. The provisions of this section shall be applicable to persons applying for learner’s permits as otherwise provided for in this title.
  6. Every person issued a driver’s license or commercial driver’s license who drives any motor vehicle of the classifications in this section and whose driver’s license does not carry an endorsement or indication that the licensee is licensed as provided in this section is guilty of a Class 1 misdemeanor.

History. Code 1950, § 46-368; 1958, c. 541, § 46.1-373; 1964, c. 239; 1968, c. 642; 1970, c. 696; 1984, cc. 73, 476, 780; 1989, cc. 705, 727; 2000, c. 269; 2007, c. 190; 2009, c. 77; 2013, cc. 673, 783, 789; 2016, c. 368.

Cross references.

As to punishment for Class 1 misdemeanors, see § 18.2-11 .

The 2000 amendments.

The 2000 amendment by c. 269, inserted “classifications, and restrictions” in the section catchline; in subsection A, in the second sentence, deleted “applied for and issued or renewed before January 1, 1990” following “driver’s license,” and substituted “all appropriate endorsements, classifications, and restrictions” for “the appropriate endorsement,” deleted former subdivision A 1, which read: “To operate buses, other than school buses, equipped with more than thirty-two passenger seats, or,” deleted former subdivision A 2, which read: “To operate any vehicle or combination of vehicles having three or more axles with a licensed gross weight in excess of 40,000 pounds, or,” redesignated former subdivisions A 3 and A 4 as present subdivisions A 1 and A 2, and deleted subdivision A 5, which read: “To drive as a chauffeur,” and added present subdivision A 3; in subsection B, combined the former first and second sentences into the present first sentence, by substituting “and” for “Alternatively, he shall,” deleted “subdivision 1 or 2 of” preceding “subsection A,” deleted “if applicable, that he has driven at least 500 miles in the vehicle of” preceding “the classification,” substituted “of the vehicle or vehicles that he intends to operate” for “which he intends to operate,” inserted “and, if applicable, §§ 46.2-337 and 46.2-341.14 ,” and inserted “or vehicles”; in subsection C, in the last sentence, deleted “driver’s” preceding “license” two times, and inserted “or commercial driver’s license”; in subsection F, inserted “or commercial driver’s license”; and deleted subsection G, which read: “Every driver’s license applied for, issued, or renewed on or after January 1, 1990, shall contain the appropriate indication, where applicable, that the licensee has been licensed (i) to operate a commercial motor vehicle pursuant to the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.), or (ii) to operate a motorcycle, as defined in § 46.2-100 , or (iii) to operate a school bus as defined in § 46.2-100 .”

The 2007 amendments.

The 2007 amendment by c. 190 substituted “classification” for “license endorsed” in the first sentence of the first paragraph, and added the second paragraph, of subsection C.

The 2009 amendments.

The 2009 amendment by c. 77 added the last paragraph in subsection C.

The 2013 amendments.

The 2013 amendments by cc. 673 and 789 are identical, and in subsection C, rewrote the second paragraph, which formerly read: “A valid Virginia driver’s license issued to a person 19 years of age or older accompanied by documentation verifying his successful completion of a motorcycle rider safety training course offered by a provider licensed under Article 23 (§ 46.2-1188 et seq.) of Chapter 10 shall constitute a driver’s license with a temporary motorcycle classification for the purposes of driving a motorcycle. The temporary motorcycle classification shall only be valid for 30 days from the date of successful completion of the motorcycle rider safety training course as shown on the documentation evidencing completion of such course,” and in the third paragraph redesignated clauses (i) and (ii) as (a) and (b).

The 2013 amendment by c. 783, in subsection C, in the first paragraph, added “and shall indicate as applicable a further restriction to a two-wheeled motorcycle only or a three-wheeled motorcycle only” at the end of the second sentence and inserted “based on the applicable restrictions” near the end of the third sentence; and added the last sentence of the second paragraph.

The 2016 amendments.

The 2016 amendment by c. 368 added subdivision A 4 and made related changes; in subsection B, deleted “of this section” following “subsection A,” and substituted “each vehicle” for “vehicle or vehicles” twice, and made a minor stylistic change; and in subsection F, substituted “is guilty” for “shall be guilty.”

§ 46.2-328.1. Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance.

  1. Notwithstanding any other provision of this title, except as provided in subsection G of § 46.2-345 , the Department shall not issue an original license, permit, or special identification card to any applicant who has not presented to the Department, with the application, valid documentary evidence that the applicant is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, (iii) a conditional resident alien of the United States, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in refugee status, or (vi) a citizen of the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, collectively known as the Freely Associated States.
  2. Notwithstanding the provisions of subsection A and the provisions of §§ 46.2-330 and 46.2-345 , an applicant who presents in person valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States or an applicant for a REAL ID credential who provides evidence of temporary lawful status in the United States as required pursuant to the REAL ID Act of 2005, as amended, and its implementing regulations may be issued a limited-duration license, permit, or special identification card. Such limited-duration license, permit, or special identification card shall be valid only during the period of time of the applicant’s authorized stay in the United States or if there is no definite end to the period of authorized stay a period of one year. No license, permit, or special identification card shall be issued if an applicant’s authorized stay in the United States is less than 30 days from the date of application. Any limited-duration license, permit, or special identification card issued pursuant to this subsection shall clearly indicate that it is valid for a limited period and shall state the date that it expires. Such a limited-duration license, permit, or special identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the limited-duration license, permit, or special identification has been extended by a federal court or federal agency having jurisdiction over immigration.
  3. Any license, permit, or special identification card for which an application has been made for renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the provisions of subsection A, provided that, at the time the application is made, (i) the license, permit, or special identification card has not expired or been cancelled, suspended, or revoked or (ii) the license, permit, or special identification card has been canceled or suspended as a result of the applicant having been placed under medical review by the Department pursuant to § 46.2-322 . The requirements of subsection A shall apply, however, to a renewal, duplication, or reissuance if the Department is notified by a local, state, or federal government agency that the individual seeking such renewal, duplication, or reissuance is neither a citizen of the United States nor legally in the United States.
  4. The Department shall cancel any license, permit, or special identification card that it has issued to an individual if it is notified by a federal government agency that the individual is neither a citizen of the United States nor legally present in the United States.
  5. For any applicant who presents a document pursuant to this section proving legal presence other than citizenship, the Department shall record and provide to the State Board of Elections monthly the applicant’s document number, if any, issued by an agency or court of the United States government.

History. 2003, cc. 817, 819; 2005, c. 260; 2007, c. 493; 2009, c. 872; 2010, c. 129; 2011, c. 396; 2013, c. 686; 2020, cc. 981, 1227, 1246.

Cross references.

As to issuance of identification privilege cards, see § 46.2-345.3 .

Editor’s note.

Acts 2003, cc. 817 and 819, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2004, except that the provisions of § 46.2-341.16:1 shall become effective on July 1, 2004. On or before December 1, 2003, the Department of Motor Vehicles, after consultation with the Office of the Attorney General, shall report to the General Assembly the content of regulations that the Department of Motor Vehicles intends to promulgate to carry out the provisions of this act.”

Acts 2020, cc. 1227 and 1246, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2021.”

Acts 2020, cc. 1227 and 1246, cl. 3 provides: “That no later than December 1, 2021, the Commissioner of the Department of Motor Vehicles shall report to the Chairmen of the House and Senate Committees on Transportation regarding the Commissioner’s progress in implementing the provisions of this act.”

Acts 2020, cc. 1227 and 1246, cl. 4 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2005 amendments.

The 2005 amendment by c. 260 inserted “except as provided in subsection G of § 46.2-345 ” in subsection A.

The 2007 amendments.

The 2007 amendment by c. 493, in subsection C, inserted “or special identification card” following “license” twice in the first sentence of the first paragraph and added the last paragraph.

The 2009 amendments.

The 2009 amendment by c. 872, in subsection B, inserted the third sentence; and deleted the former last paragraph, which read: “The provisions of this section shall not apply to an applicant for a special identification card whose year of birth is 1937 or earlier and who has previously held a Virginia-issued driver’s license or special identification card, provided that such driver’s license or special identification card has not been expired for more than five years.”

The 2010 amendments.

The 2010 amendment by c. 129, in the first sentence of subsection C, inserted the (i) designator, deleted a comma following “has not expired” and added the language beginning “or (ii) the license.”

The 2011 amendments.

The 2011 amendment by c. 396 added subsection D.

The 2013 amendments.

The 2013 amendment by c. 686 added subsection E.

The 2020 amendments.

The 2020 amendment by c. 981, in subsection B in the first sentence, substituted “or (vii) a valid, unexpired Employment Authorization Document may be issued a limited-duration” for “may be issued a temporary”; in the second sentence, substituted “limited-duration” for “temporary”; in the penultimate sentence, substituted “limited-duration” and “valid for a limited period” for the first and second instances of “temporary,” respectively; in the last sentence, substituted “limited-duration” for “temporary” twice, inserted “special” preceding the first instance of “identification” and substituted “by a federal court or federal agency having jurisdiction over immigration” for “by the United States Immigration and Naturalization Service or the Bureau of Citizenship and Immigration Services of the Department of Homeland Security” and made a stylistic change.

The 2020 amendments by cc. 1227 and 1246, effective January 1, 2021, are identical, and added clauses (iv) through (vi) in subsection A; in subsection B, rewrote the first sentence, which formerly read: “Notwithstanding the provisions of subsection A and the provisions of § § 46.2-330 and 46.2-345 , an applicant who presents in person valid documentary evidence of (i) a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States, (ii) a pending or approved application for asylum in the United States, (iii) entry into the United States in refugee status, (iv) a pending or approved application for temporary protected status in the United States, (v) approved deferred action status, or (vi) a pending application for adjustment of status to legal permanent residence status or conditional resident status, may be issued a temporary license, permit, or special identification card”, substituted “limited-duration” or similar language for “temporary” in the second through last sentences, and substituted “a federal court or federal agency having jurisdiction over immigration” for “the United States Immigration and Naturalization Service or the Bureau of Citizenship and Immigration Services of the Department of Homeland Security” in the last sentence; and inserted “permit” throughout subsection C.

Law Review.

For article summarizing published Virginia criminal law decisions between July 1, 2002 and July 1, 2003, see 38 U. Rich. L. Rev. 87 (2003).

§ 46.2-328.2. Department to issue documents; veteran indicator.

  1. For the purposes of this section, “veteran” means (i) a Virginia resident who has served in the active military, naval, or air service and whose final discharge or release therefrom was under honorable conditions or (ii) a Virginia resident who has served honorably for greater than 180 days in the Virginia National Guard or the United States Armed Forces Reserves.
  2. In cooperation with the Department of Veterans Services and the Department of Military Affairs, the Department shall issue driver’s licenses, permits, and identification cards displaying an indicator that the holder is a veteran to applicants who request such indicator and provide proof of such veteran status.
  3. The Department shall charge the same fee for any document issued pursuant to this section as is charged for the same document issued without the veteran indicator. No additional fee shall be charged for the veteran indicator.
  4. Any veteran’s indicator placed on documentation issued pursuant to this section shall not be used for determination of any federal benefit.

History. 2018, c. 440.

§ 46.2-328.3. Driver privilege cards and permits.

  1. Upon application of any person who does not meet the requirements for a driver’s license or permit under subsection A or B of § 46.2-328.1 , the Department may issue to the applicant a driver privilege card or permit if the Department determines that the applicant (i) has reported income and deductions from Virginia sources, as defined in § 58.1-302 , or been claimed as a dependent, on an individual income tax return filed with the Commonwealth in the preceding 12 months and (ii) is not in violation of the insurance requirements set forth in Article 8 (§ 46.2-705 et seq.) of Chapter 6.
  2. Driver privilege cards and permits shall confer the same privileges and shall be subject to the same provisions of this title as driver’s licenses and permits issued under this chapter, unless otherwise provided, and shall be subject to the following conditions and exceptions:
    1. The front of a driver privilege card or permit shall be identical in appearance to a driver’s license or permit that is not a REAL ID credential and the back of the card or permit shall be identical in appearance to the restriction on the back of a limited-duration license, permit, or special identification card;
    2. An applicant for a driver privilege card or permit shall not be eligible for a waiver of any part of the driver examination provided under § 46.2-325 ;
    3. An applicant for a driver privilege card or permit shall not be required to present proof of legal presence in the United States;
    4. A driver privilege card or permit shall expire on the applicant’s second birthday following the date of issuance;
    5. The fee for an original driver privilege card or permit shall be $50. The Department may issue, upon application by the holder of a valid, unexpired card or permit issued under this section, and upon payment of a fee of $50, another driver privilege card or permit that shall be valid for a period of two years from the date of issuance. The amount paid by an applicant for a driver privilege card or other document issued pursuant to this chapter shall be considered privileged information for the purposes of § 46.2-208 . No applicant shall be required to provide proof of compliance with clauses (i) and (ii) of subsection A for a reissued, renewed, or duplicate card or permit; and
    6. Any information collected pursuant to this section that is not otherwise collected by the Department or required for the issuance of any other driving credential issued pursuant to the provisions of this chapter and any information regarding restrictions in the Department’s records related to the issuance of a credential issued pursuant to this section shall be considered privileged. Notwithstanding the provisions of § 46.2-208 , such information shall not be released except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order.
  3. The Department shall not release the following information relating to the issuance of a driver privilege card or permit, except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order, (i) proof documents submitted for the purpose of obtaining a driver privilege card or permit, (ii) the information in the Department’s records indicating the type of proof documentation that was provided, or (iii) applications.The Department shall release only to any federal, state, or local governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing, information related to the issuance of a driver privilege card or permit, the release of which is not otherwise prohibited by this section, that is required for a requester to carry out the requester’s official functions if the requester provides the individual’s name and other sufficient identifying information contained on the individual’s record. Any such release shall be in accordance with the requirements of § 46.2-208 .

History. 2020, cc. 1227, 1246; 2021, Sp. Sess. I, c. 421.

Editor’s note.

Acts 2020, cc. 1227 and 1246, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2021.”

Acts 2020, cc. 1227 and 1246, cl. 3 provides: “That no later than December 1, 2021, the Commissioner of the Department of Motor Vehicles shall report to the Chairmen of the House and Senate Committees on Transportation regarding the Commissioner’s progress in implementing the provisions of this act.”

Acts 2020, cc. 1227 and 1246, cl. 4 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 421, effective July 1, 2021, in subsection C in the second paragraph, inserted “only” and substituted the last sentence for “If the requester has entered into an agreement with the Department, such agreement shall be in a manner prescribed by the Department and such agreement shall contain the legal authority that authorizes the performance of the requester’s official functions and a description of how such information will be used to carry out such official functions. If the Commissioner determines that sufficient authority has not been provided by the requester to show that the purpose for which such information shall be used is one of the requester’s official functions, the Commissioner shall refuse to enter into any agreement. If the requester submits a request for information in accordance with this subsection without an existing agreement to receive the information, such request shall be in a manner prescribed by the Department and such request shall contain the legal authority that authorizes the performance of the requester’s official functions and a description of how such information will be used to carry out such official functions. If the Commissioner determines that sufficient authority has not been provided by the requester to show that the purpose for which such information shall be used is one of the requester’s official functions, the Commissioner shall deny such request.”

§ 46.2-329. Special restrictions on particular licensees.

The Department, on issuing a driver’s license may, whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of, or special mechanical control devices required on, a motor vehicle which the licensee may drive, or any other restrictions applicable to the licensee as the Department may determine. When it appears from the records of the Department that the licensee has failed or refused to comply with the restrictions imposed on the licensee’s driving of a motor vehicle, the Department may, after 10 days’ written notice to the address indicated in the records of the Department, suspend the person’s driver’s license and the suspension shall remain in effect until this section has been complied with.

Any person issued a driver’s license on which there are printed or stamped restrictions as provided by this section, and who drives a motor vehicle in violation of these restrictions shall be guilty of a Class 2 misdemeanor.

Any person who operates a motor vehicle or any self-propelled machinery or equipment in violation of the terms of a restricted license issued pursuant to subsection E of § 18.2-271.1 is not guilty of a violation of this section but is guilty of a violation of § 18.2-272 .

History. Code 1950, § 46-373; 1958, c. 541, § 46.1-378; 1960, c. 177; 1962, c. 368; 1984, c. 780; 1989, c. 727; 2004, c. 948.

Cross references.

As to punishment for Class 2 misdemeanors, see § 18.2-11 .

The 2004 amendments.

The 2004 amendment by c. 948 substituted “10 days’ written notice” for “ten days’ written notice” in the first paragraph and added the last paragraph.

§ 46.2-330. Expiration and renewal of licenses; examinations required.

  1. Every driver’s license shall expire on the applicant’s birthday at the end of the period of years for which a driver’s license has been issued. At no time shall any driver’s license be issued for more than eight years or less than five years, unless otherwise provided by law. Thereafter the driver’s license shall be renewed on or before the birthday of the licensee and shall be valid for a period not to exceed eight years except as otherwise provided by law. Any driver’s license issued to a person age 75 or older shall be issued for a period not to exceed five years. Notwithstanding these limitations, the Commissioner may extend the validity period of an expiring license if (i) the Department is unable to process an application for renewal due to circumstances beyond its control, (ii) the extension has been authorized under a directive from the Governor, and (iii) the license was not issued as a limited-duration driver’s license under the provisions of subsection B of § 46.2-328.1 . However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions. In determining the number of years for which a driver’s license shall be renewed, the Commissioner shall take into consideration the examinations, conditions, requirements, and other criteria provided under this title that relate to the issuance of a license to operate a vehicle. Any driver’s license issued to a person required to register pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 shall expire on the applicant’s birthday in years which the applicant attains an age equally divisible by five.
  2. Within one year prior to the date shown on the driver’s license as the date of expiration, the Department shall send notice, to the holder thereof, at the address shown on the records of the Department in its driver’s license file, that his license will expire on a date specified therein, whether he must be reexamined, and when he may be reexamined. Nonreceipt of the notice shall not extend the period of validity of the driver’s license beyond its expiration date. The license holder may request the Department to send such renewal notice to an email or other electronic address, upon provision of such address to the Department.Any driver’s license may be renewed by application after the applicant has taken and successfully completed those parts of the examination provided for in §§ 46.2-311 , 46.2-325 , and the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.), including vision and written tests, other than the parts of the examination requiring the applicant to drive a motor vehicle. All drivers applying in person for renewal of a license shall take and successfully complete the examination each renewal year. Every applicant for a renewal shall appear in person before the Department, unless specifically notified by the Department that renewal may be accomplished in another manner as provided in the notice. Applicants who are required to appear in person before the Department to apply for a renewal may also be required to present proof of identity, legal presence, residency, and social security number or non-work authorized status.
  3. Notwithstanding any other provision of this section, the Commissioner, in his discretion, may require any applicant for renewal to be fully examined as provided in §§ 46.2-311 and 46.2-325 and the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.). Furthermore, if the applicant is less than 75 years old, the Commissioner may waive the vision examination for any applicant for renewal of a driver’s license that is not a commercial driver’s license and the requirement for the taking of the written test as provided in subsection B of this section, § 46.2-325 , and the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.). However, in no case shall there be any waiver of the vision examination for applicants for renewal of a commercial driver’s license or of the knowledge test required by the Virginia Commercial Driver’s License Act for the hazardous materials endorsement on a commercial driver’s license. No driver’s license or learner’s permit issued to any person who is 75 years old or older shall be renewed unless the applicant for renewal appears in person and either (i) passes a vision examination or (ii) presents a report of a vision examination, made within 90 days prior thereto by an ophthalmologist or optometrist, indicating that the applicant’s vision meets or exceeds the standards contained in § 46.2-311 .
  4. Every applicant for renewal of a driver’s license, whether renewal shall or shall not be dependent on any examination of the applicant, shall appear in person before the Department to apply for renewal, unless specifically notified by the Department that renewal may be accomplished in another manner as provided in the notice.
  5. This section shall not modify the provisions of § 46.2-221.2 .
    1. The Department shall electronically transmit application information, including a photograph, to the Department of State Police, in a format approved by the State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry files, at the time of the renewal of a driver’s license. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register, reregister, or verify his registration information pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person last registered, reregistered, or verified his registration information or in the jurisdiction where the person made application for licensure.  The Department of State Police shall electronically transmit to the Department, in a format approved by the Department, for each person required to register pursuant to Chapter 9 of Title 9.1, registry information consisting of the person’s name, all aliases that he has used or under which he may have been known, his date of birth, and his social security number as set out in § 9.1-903 . F. 1. The Department shall electronically transmit application information, including a photograph, to the Department of State Police, in a format approved by the State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry files, at the time of the renewal of a driver’s license. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register, reregister, or verify his registration information pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person last registered, reregistered, or verified his registration information or in the jurisdiction where the person made application for licensure.  The Department of State Police shall electronically transmit to the Department, in a format approved by the Department, for each person required to register pursuant to Chapter 9 of Title 9.1, registry information consisting of the person’s name, all aliases that he has used or under which he may have been known, his date of birth, and his social security number as set out in § 9.1-903 .
    2. For each person required to register pursuant to Chapter 9 of Title 9.1, the Department may not waive the requirement that each such person shall appear for each renewal or the requirement to obtain a photograph in accordance with subsection C of § 46.2-323 .

History. 1968, c. 642, § 46.1-380.1; 1975, c. 24; 1976, c. 48; 1984, c. 780; 1989, cc. 705, 727; 1993, cc. 471, 501; 1997, c. 486; 2001, cc. 659, 665; 2003, c. 333; 2004, cc. 112, 218, 975; 2005, c. 302; 2006, cc. 857, 914; 2008, cc. 487, 866; 2009, c. 872; 2011, cc. 57, 70; 2012, cc. 215, 222; 2014, c. 282; 2016, c. 368; 2018, c. 300; 2020, cc. 829, 1227, 1246.

Cross references.

As to expiration of commercial driver’s license with hazardous materials endorsement, see § 46.2-341.16:1 .

As to notice of renewal sent by Department of Motor Vehicles, see § 46.2-208.3 .

Editor’s note.

Acts 2001, cc. 659 and 665, cl. 2 provides: “That the provisions of this act increasing the minimum age for applicants for Virginia driver’s licenses to sixteen years and three months shall not apply to applicants to whom Virginia learner’s permits were issued prior to July 1, 2001.”

Acts 2001, cc. 659 and 665, cl. 3 provides: “That the Department of Motor Vehicles shall make five annual reports to the Chairmen of the Senate and House Transportation Committees, summarizing accident rates and associated injuries and fatalities involving persons between the ages of fifteen and nineteen during the preceding year. The first such report shall be made prior to the 2003 Session of the General Assembly.”

Acts 2008, c. 487, cl. 3 provides: “The driver’s license of each person required to register pursuant to Chapter 9 of Title 9.1, shall expire on the applicant’s birthday at the end of a period not to exceed five years.”

Acts 2008, c. 866, cl. 2 provides: “That the Commissioner of the Department of Motor Vehicles shall submit reports to the Governor and General Assembly regarding the Department’s progress towards transitioning to centralized issuance of driver’s licenses, learner’s permits, and identification cards beginning September 30, 2008, and continuing on a quarterly basis, until such transition has been completed.”

Acts 2020, c. 829, cl. 2 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

Acts 2020, cc. 1227 and 1246, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2021.”

Acts 2020, cc. 1227 and 1246, cl. 4 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

Acts 2020, c. 1289, Item 436 Q, as added by Acts 2020, Sp. Sess. I, c. 56, and as amended by Acts 2021, Sp. Sess. I, c. 552, effective for the biennium ending June 30, 2022, provides: “Notwithstanding any other provision of law, for the duration of a declared Commonwealth-wide state of emergency as defined in § 44-146.16, Code of Virginia, and for up to 90 days after the declaration of a state of emergency has been rescinded or expires, the Commissioner shall ensure that individuals age 65 and older, or with an immunocompromised or other underlying medical conditions, who are not required to register pursuant to Chapter 9 of Title 9.1 and appear in person for each renewal or the requirement to obtain a photograph in accordance with § 46.2-330 F(2), are able to complete any necessary transactions for existing credentials online or through the mail, so long as such individuals are otherwise eligible to complete such transactions and federal law does not require the transactions to be completed in person.”

The 2001 amendments.

The 2001 amendments by cc. 659 and 665 are identical, and substituted “vision” for “visual” in subsection B, and in two places in subsection C; and in subsection C, inserted “who is at least twenty-one years old” in the second sentence and added the third sentence.

The 2003 amendments.

The 2003 amendment by c. 333, in subsection A, substituted “applicant’s birthday” for “last day of the month of birth of the appliant” and substituted “on or before the birthday” for “in the birthday month”, and in subsection C, substituted “21” for “twenty-one” in two places.

The 2004 amendments.

The 2004 amendments by cc. 112 and 218 are identical, and in subsection C, inserted “if the applicant is less than 80 years old” in the second sentence and added the last sentence.

The 2004 amendment by c. 975 substituted “46.2-221.2” for “46.2-331” in subsection E.

The 2005 amendments.

The 2005 amendment by c. 302, in subsection C, deleted “if the applicant’s driver’s license record on file at the Department contains, for the five years prior to the expiration date of the license being renewed, a record of no more than one conviction for any offense reportable under §§ 46.2-382 , 46.2-382 .1, and 46.2-383 ” at the end of the second sentence and substituted “such applicant’s driver’s license record . . . under §§ 46.2-382, 46.2-382.1 , and 46.2-383 ” for “he has one or more such convictions” at the end of the third sentence.

The 2006 amendments.

The 2006 amendments by cc. 857 and 914, effective January 1, 2007, are identical, and added subsection F.

The 2008 amendments.

The 2008 amendment by c. 487, effective January 1, 2009, designated the provisions of subsection F as subdivision F 1 and inserted “including a photograph” near the beginning of the first sentence and added the last sentence; and added subdivision F 2.

The 2008 amendment by c. 866 rewrote subsection A.

The 2009 amendments.

The 2009 amendment by c. 872, in subsection B, in the second paragraph, deleted “which shall include the applicant’s certification of Virginia residency” following “renewed by application” and added the last two sentences.

The 2011 amendments.

The 2011 amendments by cc. 57 and 70 are identical, and in subsection A, inserted “(§ 9.1-900 et seq.)” in the last sentence; and in subsection B, substituted “send notice” for “mail notice” in the first sentence, and added the last sentence.

The 2012 amendments.

The 2012 amendments by cc. 215 and 222 are identical, and inserted the present fourth and fifth sentences in subsection A.

The 2014 amendments.

The 2014 amendment by c. 282, effective January 1, 2015, in subsection A, added the fourth sentence and in subsection C, substituted “75” for “80” preceding “years” in the second and fifth sentences.

The 2016 amendments.

The 2016 amendment by c. 368, in subsection C, deleted “for any applicant for renewal who is at least 21 years old” from the end of the second sentence, and deleted the former third sentence, which read: “Such written test shall not be waived for an applicant less than 21 years old if such applicant’s driver’s license record on file with the Department contains a record of one or more convictions for any offense reportable under §§ 46.2-382 , 46.2-382 .1, and 46.2-383 ”; and made minor stylistic changes in subsections C and F.

The 2018 amendments.

The 2018 amendment by c. 300 inserted “or less than five years, unless otherwise provided by law” in the second sentence of subsection A.

The 2020 amendments.

The 2020 amendment by c. 829 deleted “or” preceding “reregister,” inserted “or verify his registration information” following “reregister,” and inserted “or verified his registration information” following “reregistration” in subdivision F 1.

The 2020 amendments by cc. 1227 and 1246, effective January 1, 2021, are identical, and substituted “limited-duration” for “temporary” in clause (iii) in the fifth sentence of subsection A.

§ 46.2-331. Repealed by Acts 2004, c. 975.

Cross references.

For current provisions concerning extension of driver’s licenses issued to persons in armed services and foreign services, see § 46.2-221.2 .

§ 46.2-332. Fees.

  1. The fee for each driver’s license other than a commercial driver’s license shall be $2.40 per year. This fee shall not apply to driver privilege cards or permits issued under § 46.2-328.3 . If the license is a commercial driver’s license or seasonal restricted commercial driver’s license, the fee shall be $6 per year. For any one or more driver’s license endorsements or classifications, except a motorcycle classification, there shall be an additional fee of $1 per year; for a motorcycle classification, there shall be an additional fee of $2 per year. For any and all driver’s license classifications, there shall be an additional fee of $1 per year. For any revalidation of a seasonal restricted commercial driver’s license, the fee shall be $5. A fee of $10 shall be charged to extend the validity period of a driver’s license pursuant to subsection B of § 46.2-221.2 .
  2. An applicant who is younger than 18 years of age who does not successfully complete the knowledge portion of the driver’s license examination shall not be permitted to take the knowledge portion more than once in 15 days.
  3. A fee of $50 shall be charged each time an applicant for a commercial driver’s license fails to keep a scheduled skills test appointment, unless such applicant cancels his appointment with the assigned driver’s license examiner at least 24 hours in advance of the scheduled appointment. The Commissioner may, on a case-by-case basis, waive such fee for good cause shown. All such fees shall be paid by the Commissioner into the state treasury and set aside as a special fund to be used to meet the necessary expenses incurred by the Department.
  4. If the applicant for a driver’s license is an employee of the Commonwealth, or of any county, city, or town who drives a motorcycle or a commercial motor vehicle solely in the line of his duty, he shall be exempt from the additional fee otherwise assessable for a motorcycle classification or a commercial motor vehicle endorsement. The Commissioner may prescribe the forms as may be requisite for completion by persons claiming exemption from additional fees imposed by this section.
  5. No additional fee above $2.40 per year shall be assessed for the driver’s license or commercial driver’s license required for the operation of a school bus.
  6. One dollar and 50 cents of all fees collected for each original or renewal driver’s license, other than a driver privilege card issued under § 46.2-328.3 , shall be paid into the driver education fund of the state treasury and expended as provided by law. Unexpended funds from the driver education fund shall be retained in the fund and be available for expenditure in ensuing years as provided therein.
  7. All fees for motorcycle classifications shall be distributed as provided in § 46.2-1191 .
  8. This section shall supersede conflicting provisions of this chapter.

History. 1968, c. 642, § 46.1-380.2; 1970, cc. 35, 548, 696; 1972, c. 490; 1973, c. 396; 1974, c. 212; 1976, c. 48; 1980, c. 559; 1984, c. 780; 1989, cc. 705, 727; 1993, c. 70; 1996, cc. 943, 994; 1997, cc. 104, 493; 1999, c. 593; 2007, cc. 190, 223; 2011, cc. 57, 70; 2017, c. 547; 2020, cc. 1227, 1230, 1246, 1275; 2022, cc. 139, 292.

Cross references.

As to additional fees in conjunction with an application for a hazardous materials endorsement, see § 46.2-341.16:1 .

As for fees for reinstatement of licenses, registration certificates, registration plates, etc., after suspension or revocation, see § 46.2-411 .

Editor’s note.

Acts 2020, cc. 1227 and 1246, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2021.”

Acts 2020, cc. 1227 and 1246, cl. 4 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 1999 amendment added the third sentence in the first paragraph.

The 2007 amendments.

The 2007 amendment by c. 190 inserted “or classifications” and substituted “classification” for “endorsement” twice in the fourth sentence of the first paragraph, and substituted “classifications” for “endorsements” in the next-to-last paragraph.

The 2007 amendment by c. 223 added the present fourth paragraph.

The 2011 amendments.

The 2011 amendments by cc. 57 and 70 are identical, and added the second paragraph; and made minor stylistic changes throughout the section.

The 2017 amendments.

The 2017 amendment by c. 547 added last sentence in the first paragraph.

The 2020 amendments.

The 2020 amendment by cc. 1230 and 1275 are identical, and deleted the second paragraph, which read: “In addition to any other fee imposed and collected by the Department, the Department shall impose and collect a service charge of $5 upon each person who carries out the renewal of a driver’s license or special identification card in any of the Department’s Customer Service Centers if such renewal can be conducted by mail or telephone or by using an electronic medium in a format prescribed by the Commissioner. Such service charge shall not apply if, concurrently with the renewal of the driver’s license or special identification card, the person undertakes another transaction at a Customer Service Center that cannot be conducted by mail or telephone or by using an electronic medium in a format prescribed by the Commissioner. Such service charge shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.”

The 2020 amendments by cc. 1227 and 1246, effective January 1, 2021, are identical, and in the first paragraph, deleted “On and after January 1, 1990” at the beginning, inserted the present second sentence, deleted the former third sentence, which read: “Persons 21 years old or older may be issued a scenic driver’s license, learner’s permit, or commercial driver’s license for an additional fee of $5”; and inserted “other than a driver privilege card issued under § 46.2-328.3 ” in the first sentence of the second from last paragraph.

The 2022 amendments.

The 2022 amendments by cc. 139 and 292 are identical, and added the subsection designations; deleted the former second paragraph, which read: “A reexamination fee of $2 shall be charged for each administration of the knowledge portion of the driver’s license examination taken by an applicant who is 18 years of age or older if taken more than once within a 15-day period. The reexamination fee shall be charged each time the examination is administered until the applicant successfully completes the examination, if taken prior to the fifteenth day”; substituted “younger” for “less” in subsection B; and substituted “One dollar and 50 cents” for “Excluding the $2 reexamination fee, $1.50” in subsection F.

§ 46.2-333. Disposition of fees; expenses.

Except as otherwise provided in this chapter, all fees accruing under the provisions of this chapter shall be paid to, and received by the Commissioner, and by him forthwith paid into the state treasury and set aside as a special fund to be used to meet the necessary expenses incurred by the Department.

History. Code 1950, § 46-346; 1958, c. 541, § 46.1-381; 1987, c. 696; 1989, c. 727.

§ 46.2-333.1. Surcharges on certain fees of Department; disposition of proceeds.

Notwithstanding any contrary provision of this chapter, there are hereby imposed, in addition to other fees imposed by this chapter, the following surcharges in the following amounts:

  1. For the issuance of any driver’s license other than a commercial driver’s license, or a driver privilege card issued under § 46.2-328.3 , $1.60 per year of validity of the license;
  2. For the issuance of any commercial driver’s license, $1 per year of validity of the license;
  3. For the reissuance or replacement of any driver’s license, $5; and
  4. For the reinstatement of any driver’s license, $15.All surcharges collected by the Department under this section shall be paid into the state treasury and shall be set aside as a special fund to be used to support the operation and activities of the Department’s customer service centers.

History. 2003, c. 1042, cl. 9; 2017, c. 122; 2020, cc. 1227, 1246.

Editor’s note.

Acts 2003, c. 1042, provides in clause 14 that the act is effective on its passage as provided in subsection C of § 1-12.

Acts 2020, cc. 1227 and 1246, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2021.”

Acts 2020, cc. 1227 and 1246, cl. 4 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

Effective date.

This section is effective May 1, 2003.

The 2017 amendments.

The 2017 amendment by c. 122 deleted “beginning May 1, 2003” following “this chapter” in the introductory language; deleted former subdivision 4, which read: “For the issuance of any special identification card, $5; and”; redesignated former subdivision 5 as subdivision 4 and made related changes.

The 2020 amendments.

The 2020 amendments by cc. 1227 and 1246, effective January 1, 2021, are identical, and inserted “or a driver privilege card issued under § 46.2-328.3 ” in subdivision 1.

Article 5. Licensure of Minors, Student Drivers, School Bus Drivers, and Motorcyclists.

§ 46.2-334. Conditions and requirements for licensure of persons under 18.

  1. Minors at least 16 years and three months old may be issued driver’s licenses under the following conditions:
    1. The minor shall submit a proper application and satisfactory evidence that he (i) is a resident of the Commonwealth; (ii) has successfully completed a driver education course approved by either the State Department of Education or, in the case of a course offered by a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) of this title, by the Department of Motor Vehicles; and (iii) is mentally, physically, and otherwise qualified to drive a motor vehicle safely.
    2. The minor’s application for a driver’s license must be signed by a parent of the applicant, otherwise by the guardian having custody of him. However, in the event a minor has no parent or guardian, then a driver’s license shall not be issued to him unless his application is signed by the judge of the juvenile and domestic relations district court of the city or county in which he resides. If the minor making the application is married or otherwise emancipated, in lieu of any parent’s, guardian’s or judge’s signature, the minor may present proper evidence of the solemnization of the marriage or the order of emancipation.
    3. The minor shall be required to state in his application whether or not he has been convicted of an offense triable by, or tried in, a juvenile and domestic relations district court or found by such court to be a child in need of supervision, as defined in § 16.1-228. If it appears that the minor has been adjudged not innocent of the offense alleged or has been found to be a child in need of supervision, the Department shall not issue a license without the written approval of the judge of the juvenile and domestic relations district court making an adjudication as to the minor or the like approval of a similar court of the county or city in which the parent or guardian, respectively, of the minor resides.
    4. The application for a permanent driver’s license by a minor of the age of persons required to attend school pursuant to § 22.1-254 shall be accompanied by evidence of compliance with the compulsory school attendance law set forth in Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1. This evidence shall be provided in writing by the minor’s parent. If the minor is unable to provide such evidence, he shall not be granted a driver’s license until he reaches the age of 18 or presents proper evidence of the solemnization of his marriage or an order of emancipation, or the parent, as defined in § 22.1-1, or other person standing in loco parentis has provided written authorization for the minor to obtain a driver’s license.A minor may, however, present a high school diploma or its equivalent or a certificate indicating completion of a prescribed course of study as defined by the local school board pursuant to § 22.1-253.13:4 as evidence of compulsory school attendance compliance.
    5. The minor applicant shall certify in writing, on a form prescribed by the Commissioner, that he is a resident of the Commonwealth. The applicant’s parent or guardian shall also certify that the applicant is a resident by signing the certification. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the parent’s certification of residence.
  2. Any custodial parent or guardian of an unmarried or unemancipated minor may, after the issuance of a permanent driver’s license to such minor, file with the Department a written request that the license of the minor be canceled. When such request is filed, the Department shall cancel the license of the minor and the license shall not thereafter be reissued by the Department until a period of six months has elapsed from the date of cancellation or the minor reaches his eighteenth birthday, whichever shall occur sooner. Notwithstanding the foregoing provisions of this subsection, in the case of a minor whose parents have been awarded joint legal custody, a request that the license of the minor be cancelled must be signed by both legal custodians. In the event one parent is not reasonably available or the parents do not agree, one parent may petition the juvenile and domestic relations district court to make a determination that the license of the minor be cancelled.
  3. The provisions of subsection A of this section requiring that an application for a driver’s license be signed by the parent or guardian shall be waived by the Commissioner if the application is accompanied by proper evidence of the solemnization of the minor’s marriage or a certified copy of a court order, issued under the provisions of Article 15 (§ 16.1-331 et seq.) of Chapter 11 of Title 16.1, declaring the applicant to be an emancipated minor.
  4. A learner’s permit accompanied by documentation verifying the minor’s successful completion of an approved driver education course, signed by the minor’s parent, guardian, legal custodian or other person standing in loco parentis, shall constitute a temporary driver’s license for purposes of driving unaccompanied by a licensed driver as required in § 46.2-335 , if all other requirements of this chapter have been met. The temporary license shall only be valid until the permanent license is presented as provided in § 46.2-336 .
  5. Notwithstanding the provisions of subsection A requiring the successful completion of a driver education course approved by the State Department of Education, the Commissioner, on application therefor by a person at least 16 years and three months old but less than 18 years old, shall issue to the applicant a temporary driver’s license valid for six months if he (i) certifies by signing, together with his parent or guardian, if applicable, on a form prescribed by the Commissioner that he is a resident of the Commonwealth; (ii) is the holder of a valid driver’s license from another U.S. state, U.S. territory, Canadian province, or Canadian territory; and (iii) has not been found guilty of or otherwise responsible for an offense involving the operation of a motor vehicle. No temporary license issued under this subsection shall be renewed, nor shall any second or subsequent temporary license under this subsection be issued to the same applicant. Any such minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to obtain the signature of his parent or guardian for the temporary driver’s license.In order to obtain a permanent driver’s license, applicants who transfer to Virginia from another U.S. state or any U.S. territory, Canadian province, or Canadian territory must have documentation of at least 30 hours of classroom instruction and six hours of in-car instruction from a government-approved program in the other U.S. state, U.S. territory, or Canadian province or Canadian territory. If a transfer applicant successfully completes a government-approved classroom and in-car driver education program from another state or any U.S. territory, Canadian province, or Canadian territory, the applicant must present the certificate of completion, specifying the number of instructional hours, to the Department.
  6. For persons qualifying for a driver’s license through driver education courses approved by the Department of Education or courses offered by driver training schools licensed by the Department, the application for the learner’s permit shall be used as the application for the driver’s license pursuant to § 46.2-335 .
  7. Driver’s licenses shall be issued by the Department to students successfully completing driver education courses approved by the Department of Education (i) when the Department receives from the school proper certification that the student (a) has successfully completed such course, including a road skills examination and (b) is regularly attending school and is in good academic standing or, if not in such standing or submitting evidence thereof, whose parent or guardian, having custody of such minor, provides written authorization for the minor to obtain a driver’s license, which written authorization shall be obtained on forms provided by the Department and indicating the Commonwealth’s interest in the good academic standing and regular school attendance of such minors; and (ii) upon payment of a fee of $2.40 per year, based on the period of the license’s validity. For applicants attending public schools, good academic standing may be certified by the public school principal or any of his designees. For applicants attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for students receiving home schooling, such certification shall be made by the home schooling parent or tutor. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a driver’s license.
  8. For those home schooled students completing driver education courses approved by the Board of Education and instructed by his own parent or guardian, no driver’s license shall be issued until the student has successfully completed the driver’s license examination administered by the Department. Furthermore, the Commissioner shall not issue a driver’s license for those home schooled students completing driver education courses approved by the Board of Education and instructed by his own parent or guardian if it is determined by the Commissioner that, at the time of such instruction, such parent or guardian had accumulated six or more driver demerit points in the most recently preceding 12 months, had been convicted within the most recent 11 preceding years of driving while intoxicated in violation of § 18.2-266 or a substantially similar law in another state, or had ever been convicted of voluntary or involuntary manslaughter in violation of § 18.2-35 or 18.2-36 or a substantially similar law in another state.
  9. The Commissioner, on application therefor by a person from another U.S. state or any U.S. territory, Canadian province, or Canadian territory who is at least 16 years and three months old but less than 18 years old, shall issue a Virginia driver’s license to the applicant if the applicant (i) certifies by signing, together with his parent or guardian, if applicable, on a form prescribed by the Commissioner that he is now a resident of the Commonwealth; (ii) has completed a government-approved classroom and in-car driver education program from another U.S. state or any U.S. territory, Canadian province, or Canadian territory, which shall not be required to meet the 30 hours of classroom instruction and six hours of in-car instruction requirement in subsection E; (iii) is the holder of a valid driver’s license from another U.S. state or any U.S. territory, Canadian province, or Canadian territory; (iv) has held the valid driver’s license for the 12 months immediately prior to applying for a Virginia license; (v) has not been found guilty of or otherwise responsible for an offense involving the operation of a motor vehicle; and (vi) successfully completes behind-the-wheel and driver knowledge examinations administered by the Department.The applicant must present the certificate of completion specifying the number of classroom and in-car driver education program instructional hours for the government-approved classroom and in-car driver education program from another U.S. state or any U.S. territory, Canadian province, or Canadian territory to the Department.

History. Code 1950, §§ 46-353, 46-361, 46-363, 46-364; 1950, p. 249; 1952, c. 396; 1954, c. 123; 1956, c. 665; 1958, c. 541, § 46.1-357; 1960, cc. 110, 424; 1962, cc. 254, 482; 1964, c. 617; 1966, c. 36; 1968, c. 642; 1970, c. 41; 1972, c. 823; 1973, c. 1; 1974, cc. 223, 542; 1976, c. 8; 1977, cc. 548, 552; 1980, c. 165; 1982, c. 287; 1984, c. 780; 1987, cc. 154, 632; 1989, cc. 392, 705, 727; 1991, c. 214; 1993, cc. 471, 501; 1995, c. 535; 1996, cc. 943, 994, 1011, 1022; 1997, c. 841; 1999, cc. 459, 462, 887; 2001, cc. 659, 665, 851; 2003, c. 951; 2014, cc. 286, 685; 2016, c. 488.

Cross references.

For provision requiring unlicensed applicants for a driver’s license who are under 18 years of age to furnish proof of completion of a driver education program, see § 46.2-323 D.

Editor’s note.

Acts 1993, c. 930, cl. 3, as amended by Acts 1994, c. 564, cl. 2, and Acts 1996, c. 616, cl. 4, provides that the amendment to this section by Acts 1993, c. 930, cl. 1, shall become effective June 1, 1998, “if state funds are provided, including all local costs, to carry out the purposes of this bill by the General Assembly.” The funding was not provided.

Acts 2001, cc. 659 and 665, cl. 2 provides: “That the provisions of this act increasing the minimum age for applicants for Virginia driver’s licenses to sixteen years and three months shall not apply to applicants to whom Virginia learner’s permits were issued prior to July 1, 2001.”

Acts 2001, cc. 659 and 665, cl. 3 provides: “That the Department of Motor Vehicles shall make five annual reports to the Chairmen of the Senate and House Transportation Committees, summarizing accident rates and associated injuries and fatalities involving persons between the ages of fifteen and nineteen during the preceding year. The first such report shall be made prior to the 2003 Session of the General Assembly.”

The 1999 amendments.

The 1999 amendment by c. 459 substituted “driver’s” for “drivers’ ” in subsection A, substituted “in writing by the minor’s parent” for “on a form furnished by the Board of Education and certified by the division superintendent or any of his designees. For minors attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor” in subsection A 4, in the second sentence, and in subsection G, in the second sentence, inserted “(i)” preceding “when the Department,” substituted “(a)” for “(i)” preceding “has successfully,” substituted “and (b)” for “(ii)” preceding “is regularly attending,” inserted “or submitting evidence thereof” preceding “whose parent,” and substituted “which written authorization shall be obtained on forms provided by the Department and indicating the Commonwealth’s interest in the good academic standing and regular school attendance of such minors; and (ii) upon payment” for “and upon” preceding “payment of.”

The 1999 amendment by c. 462 substituted “driver’s” for “drivers’ ” in subsection A, and inserted “signed by the minor’s parent, guardian, legal custodian or other person standing in loco parentis” in subsection D.

The 1999 amendment by c. 887 substituted “driver’s” for “drivers’ ” in subsection A, and inserted “custodial” near the beginning of subsection B.

The 2001 amendments.

The 2001 amendments by cc. 659 and 665 are identical, and inserted “and three months” in the introductory language of subsection A and in subsection E, and substituted “eighteen years old” for “eighteen years of age” in subsection E.

The 2001 amendment by c. 851, effective April 5, 2001, added the last two sentences in subsection B.

The 2003 amendments.

The 2003 amendment by c. 951 substituted “16” for “sixteen” and “18” for “eighteen” in subdivisions A 1 and A4 and in subsection E, and added subsection H.

The 2014 amendments.

The 2014 amendment by c. 286, in subsection E, deleted “of this section” following “subsection A” and substituted “19” for “18”; in the introductory language, inserted “if applicable” following “guardian” in clause (i), and substituted “U.S. state, U.S. territory, Canadian province, or Canadian territory” for “state” in clause (ii) of the first sentence; added the second paragraph in subsection E; and added subsection I.

The 2014 amendment by c. 685, in subsection G, substituted “students” for “minors” in the first and third sentences.

The 2016 amendments.

The 2016 amendment by c. 488 substituted “less than 18 years” for “less than 19 years” in subsections E and I.

Law Review.

For article, “Legal Issues Involving Children,” see 35 U. Rich. L. Rev. 741 (2001).

§ 46.2-334.001. Court to suspend driver’s license issued to certain minors.

  1. Upon receipt by the juvenile and domestic relations district court within whose jurisdiction the minor resides of a petition from the principal, or his designee, of any public school in the Commonwealth that any person who is less than 18 years old and attending that public school has had 10 or more unexcused absences from school on consecutive school days, the court shall give notice and opportunity for the minor to show cause why his driver’s license should not be suspended. Upon failure to show cause for the license not to be suspended, the court may suspend the minor’s driver’s license for any period of time, until the minor is 18 years old.
  2. The foregoing provisions of this section shall not apply in cases where the student has withdrawn from school for a reason or reasons beyond the control of the student, for the purpose of transferring to another school as confirmed in writing by the student’s parent or guardian, or when the student’s parent or guardian expresses in open court his desire to allow the student to retain his license. The juvenile and domestic relations district court judge shall be the sole authority as to whether the licensee’s withdrawal from school is due to circumstances beyond the control of the student.
  3. Any person whose driver’s license is suspended as provided in this section may apply to a juvenile and domestic relations district court for issuance of a restricted driver’s license for any of the purposes set forth in subsection E of § 18.2-271.1 . No restricted license shall be issued pursuant to this section unless the licensee (i) is employed at least four hours per day and at least 20 hours per week, (ii) has a medical condition that requires him to be able to drive a motor vehicle, or (iii) is the only licensee in his household. The court shall order the surrender of such person’s license and shall forward to the Commissioner a copy of its order entered pursuant to this subsection. This order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a restricted license is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to such person, who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted driver’s license, but only if the order provides for a restricted driver’s license for that period. Any person who operates a motor vehicle in violation of any restriction imposed pursuant to this section shall be guilty of a violation of § 46.2-301 .

History. 2009, c. 439.

§ 46.2-334.01. Licenses issued to persons less than 18 years old subject to certain restrictions.

  1. Any learner’s permit or driver’s license issued to any person less than 18 years old shall be subject to the following:
    1. Notwithstanding the provisions of § 46.2-498 , whenever the driving record of a person less than 19 years old shows that he has been convicted of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall direct such person to attend a driver improvement clinic. No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving points be awarded for voluntary or court-assigned clinic attendance. Such person’s parent, guardian, legal custodian, or other person standing in loco parentis may attend such clinic and receive a reduction in demerit points and/or an award of safe driving points pursuant to § 46.2-498 . The provisions of this subdivision shall not be construed to prohibit awarding of safe driving points to a person less than 18 years old who attends and successfully completes a driver improvement clinic without having been directed to do so by the Commissioner or required to do so by a court.
    2. If any person less than 19 years old is convicted a second time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall suspend such person’s driver’s license or privilege to operate a motor vehicle for 90 days. Such suspension shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial. Any person who has had his driver’s license or privilege to operate a motor vehicle suspended in accordance with this subdivision may petition the juvenile and domestic relations district court of his residence for a restricted license to authorize such person to drive a motor vehicle in the Commonwealth to and from his home, his place of employment, or an institution of higher education where he is enrolled, provided there is no other means of transportation by which such person may travel between his home and his place of employment or the institution of higher education where he is enrolled. On such petition the court may, in its discretion, authorize the issuance of a restricted license for a period not to exceed the term of the suspension of the person’s license or privilege to operate a motor vehicle in the Commonwealth. Such restricted license shall be valid solely for operation of a motor vehicle between such person’s home and his place of employment or the institution of higher education where he is enrolled.
    3. If any person is convicted a third time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall revoke such person’s driver’s license or privilege to operate a motor vehicle for one year or until such person reaches the age of 18 years, whichever is longer. Such revocation shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial.
    4. In no event shall any person subject to the provisions of this section be subject to the suspension or revocation provisions of subdivision 2 or 3 for multiple convictions arising out of the same transaction or occurrence.
  2. The initial license issued to any person younger than 18 years of age shall be deemed a provisional driver’s license. Until the holder is 18 years old, a provisional driver’s license shall not authorize its holder to operate a motor vehicle with more than one passenger who is less than 21 years old. After the first year the provisional license is issued, the holder may operate a motor vehicle with up to three passengers who are less than 21 years old (i) when the holder is driving to or from a school-sponsored activity, (ii) when a licensed driver who is at least 21 years old is occupying the seat beside the driver, or (iii) in cases of emergency. These passenger limitations, however, shall not apply to members of the driver’s family or household. For the purposes of this subsection, “a member of the driver’s family or household” means any of the following: (a) the driver’s spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters, first cousins, and any individual who has a child in common with the driver, whether or not they reside in the same home with the driver; (b) the driver’s brothers-in-law and sisters-in-law who reside in the same home with the driver; and (c) any individual who cohabits with the driver, and any children of such individual residing in the same home with the driver.
  3. The holder of a provisional driver’s license shall not operate a motor vehicle on the highways of the Commonwealth between the hours of midnight and 4:00 a.m. except when driving (i) to or from a place of business where he is employed; (ii) to or from an activity that is supervised by an adult and is sponsored by a school or by a civic, religious, or public organization; (iii) accompanied by a parent, a person acting in loco parentis, or by a spouse who is 18 years old or older, provided that such person accompanying the driver is actually occupying a seat beside the driver and is lawfully permitted to operate a motor vehicle at the time; or (iv) in cases of emergency, including response by volunteer firefighters and volunteer emergency medical services personnel to emergency calls.
  4. The provisional driver’s license restrictions in subsections B and C shall expire on the holder’s eighteenth birthday. A violation of the provisional driver’s license restrictions in subsection B or C shall constitute a traffic infraction. For a second or subsequent violation of the provisional driver’s license restrictions in subsection B or C, in addition to any other penalties that may be imposed pursuant to § 16.1-278.10, the court may suspend the juvenile’s privilege to drive for a period not to exceed six months.
  5. A violation of subsection B or C shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle, nor shall anything in this subsection change any existing law, rule, or procedure pertaining to any such civil action.
  6. No law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator’s consent, shall be admissible in any trial, hearing, or other proceeding.

History. 1998, cc. 124, 792; 2001, cc. 655, 659, 665; 2002, cc. 61, 807; 2003, cc. 308, 323, 771; 2007, c. 777; 2009, c. 54; 2013, cc. 397, 579; 2015, cc. 502, 503; 2016, c. 488; 2020, Sp. Sess. I, cc. 45, 51; 2021, Sp. Sess. I, cc. 132, 381.

Editor’s note.

Acts 2001, cc. 659 and 665, cl. 2 provides: “That the provisions of this act increasing the minimum age for applicants for Virginia driver’s licenses to sixteen years and three months shall not apply to applicants to whom Virginia learner’s permits were issued prior to July 1, 2001.”

Acts 2001, cc. 659 and 665, cl. 3 provides: “That the Department of Motor Vehicles shall make five annual reports to the Chairmen of the Senate and House Transportation Committees, summarizing accident rates and associated injuries and fatalities involving persons between the ages of fifteen and nineteen during the preceding year. The first such report shall be made prior to the 2003 Session of the General Assembly.”

Acts 2013, c. 397, cl. 2 provides: “That the provisions of this act shall apply only to the holder of a provisional driver’s license who turns 17 years of age after July 1, 2013.”

At the direction of the Virginia Code Commission, “higher education” was substituted for “higher learning” three times in subdivision A 2 to conform to Acts 2016, c. 588.

The 2001 amendments.

The 2001 amendment by c. 655 substituted “nineteen years” for “eighteen years” in present subdivisions A1 and A2; inserted “committing, when he was less than eighteen years old” in present subdivisions A1, A2, and A3; deleted “such” following “If any” at the beginning of present subdivision A3; and substituted “any person” for “a driver who is under the age of eighteen and” in present subdivision A4.

The 2001 amendments by cc. 659 and 665 are identical, and added the subsection A designator; deleted “on or after July 1, 1998” following “license issued” in the introductory language of subsection A; combined former subdivision 1 a into present subdivision A 1; and inserted the last sentence of that subdivision; deleted former subdivision 1 b, which related to restrictions on number of passengers transported by a person eighteen years old or less and holding a learner’s permit; and added subsections B through F.

The 2002 amendments.

The 2002 amendment by c. 61 inserted “including response by volunteer firefighters and volunteer rescue squad personnel to emergency calls” at the end of subsection C.

The 2002 amendment by c. 807 added the last sentence in subdivision A 1.

The 2003 amendments.

The 2003 amendment by c. 308, throughout the section, substituted “younger” for “less”; in subsection B, substituted “any person younger than 18 years of age” for “any such person”; “18 years of age” for “eighteen years old”, and “19 years of age” for “nineteen years old”; in subdivision A 2, substituted “90” for “ninety”; in subsection D, added the second and third sentences; and made minor stylistic changes.

The 2003 amendment by c. 323, throughout the section, substituted “18” for “eighteen” and “19” for “nineteen”, and in subsection B, inserted “Until the holder is 18 years old”, and substituted “for the first year after the license is issued nor” for “prior to the holder’s seventeenth birthday and.”

The 2003 amendment by c. 771, throughout the section, substituted “18” for “eighteen” and “19” for “nineteen”, and added the last three sentences of subdivision A 2.

The section is set out in the form above at the direction of the Virginia Code Commission.

The 2007 amendments.

The 2007 amendment by c. 777 inserted subsection C1 and made related changes.

The 2009 amendments.

The 2009 amendment by c. 54, in subdivision A 2, in the third sentence, substituted “his place of employment, or an institution of higher learning where he is enrolled” for “to the place of his employment” and added “or the institution of higher learning where he is enrolled” at the end and in the last sentence.

The 2013 amendments.

The 2013 amendment by c. 397, in subsection B, in the second sentence, substituted “21 years” for “18 years,” “unless the driver is accompanied by a parent or person acting in loco parentis provided that such person accompanying the driver is occupying the seat beside the driver and is lawfully permitted to operate a motor vehicle at the time” for “for the first year after the license is issued nor more than three passengers who are less than 18 years old thereafter until the holder’s eighteenth birthday,” added the third sentence, in the fifth sentence, substituted clause (a) through (c) designators for clause (i) through (iii) designators, “a member” for “members,” inserted “any of the following,” and substituted “half-brothers, half-sisters” for “half brothers, half sisters.” For applicability, see Editor’s note.

The 2013 amendment by c. 579 deleted “of this chapter” following “(§ 46.2-489 et seq.)” in subdivisions A 1, A 2, and A 3; deleted “of this title” following “Chapter 10” in subdivisions A 1 and A 3; deleted “of this section” following “B, C, and C1” in the first and second sentences in subsection D and in subsection E; substituted “half-brothers, half-sisters” for “half brothers, half sisters” in subsection B, in clause (i); substituted “an activity that is supervised by an adult and is sponsored by a school or by a civic, religious, or public organization” for “school-sponsored activity” in subsection C; and substituted “that” for “which” in subsection D.

The 2015 amendments.

The 2015 amendments by cc. 502 and 503 are identical, and substituted “emergency medical services” for “rescue squad” in subsection C.

The 2016 amendments.

The 2016 amendment by c. 488, in subsection B, deleted “unless the driver is accompanied by a parent or person acting in loco parentis provided that such person accompanying the driver is occupying the seat beside the driver and is lawfully permitted to operate a motor vehicle at the time” from the end of the second sentence, inserted “first cousins” in the last sentence, and made minor stylistic changes throughout; and in subsection D, deleted “either” preceding “subsection B, C, or C1” twice.

The 2020 Sp. Sess. I amendments.

The 2020 amendments by Sp. Sess. I, cc. 45 and 51, effective March 1, 2021, are identical, and in subsection F, substituted “law-enforcement officer shall stop a motor vehicle for a violation of this section” for “citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute” and added the second sentence.

The 2021 Sp. Sess. I amendments.

The 2021 amendments by Sp. Sess. I, cc. 132 and 381, effective July 1, 2021, are identical, and deleted subsection C1, which read: “Except in a driver emergency or when the vehicle is lawfully parked or stopped, the holder of a provisional driver’s license shall not operate a motor vehicle on the highways of the Commonwealth while using any cellular telephone or any other wireless telecommunications device, regardless of whether such device is or is not hand-held”; and deleted “C1” throughout subsections D and E and made related stylistic changes.

Law Review.

For article, “Legal Issues Involving Children,” see 35 U. Rich. L. Rev. 741 (2001).

For annual survey article on legal issues involving children, see 38 U. Rich. L. Rev. 161 (2003).

Research References.

Virginia Forms (Matthew Bender). No. 9-2914 Restricted Driver’s License (Juvenile) — Excess Demerit Points.

CIRCUIT COURT OPINIONS

Applicability. —

The provisions of this section were unambiguous in that the operators license suspension and revocation provisions of the statute applied to convictions, not merely offenses, that occurred prior to a driver attaining the age of majority; thus, the Department of Motor Vehicles erred in suspending and revoking the operators license of a driver whose six traffic offenses were committed prior to attaining the age of majority where he was convicted of each of the offenses after his 18th birthday. Ferguson v. Commonwealth, DMV, 2000 Va. Cir. LEXIS 513 (Fairfax County Oct. 25, 2000).

OPINIONS OF THE ATTORNEY GENERAL

Repeal by implication of § 46.2-505 . —

The prohibition against awarding safe driving points in subdivision A 1 of this section is in direct conflict with the authority provided in § 46.2-505 for a court to determine whether a person shall receive safe driving points upon satisfactory completion of a driver improvement clinic, and, therefore, the latter statute, being the older of the conflicting provisions, is repealed by implication. See opinion of Attorney General to The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit, 01-049 (12/28/01).

Person under 18 cannot receive safe driving points for attendance at driver improvement clinic. —

A person under the age of 18 who has been convicted of committing an offense for which demerit points have either been assessed or are assessable or who violates the safety belt or child restraint laws must attend a driver improvement clinic, but is not allowed to receive any safe driving points for attending such a clinic even if such attendance is voluntary. See opinion of Attorney General to The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit, 01-049 (12/28/01).

§ 46.2-334.02. Licenses issued to persons less than twenty years old subject to certain restrictions.

Notwithstanding the provisions of § 46.2-498 , whenever the driving record of a person who is at least eighteen years old but less than twenty years old shows that he has been convicted of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10 of this title, the Commissioner shall direct such person to attend a driver improvement clinic.

History. 2001, cc. 659, 665.

Editor’s note.

Acts 2001, cc. 659 and 665, cl. 2 provides: “That the provisions of this act increasing the minimum age for applicants for Virginia driver’s licenses to sixteen years and three months shall not apply to applicants to whom Virginia learner’s permits were issued prior to July 1, 2001.”

Acts 2001, cc. 659 and 665, cl. 3 provides: “That the Department of Motor Vehicles shall make five annual reports to the Chairmen of the Senate and House Transportation Committees, summarizing accident rates and associated injuries and fatalities involving persons between the ages of fifteen and nineteen during the preceding year. The first such report shall be made prior to the 2003 Session of the General Assembly.”

§ 46.2-334.1. Knowledge test; waiting period prior to reexamination.

Any person under the age of eighteen who applies for a driver’s license under § 46.2-334 and fails the motor vehicle knowledge test administered pursuant to that section shall not be eligible for retesting for at least fifteen days.

History. 1996, c. 1035.

§ 46.2-335. Learner’s permits; fees; certification required.

  1. The Department, on receiving from any Virginia resident over the age of 15 years and six months an application for a learner’s permit or motorcycle learner’s permit, may, subject to the applicant’s satisfactory documentation of meeting the requirements of this chapter and successful completion of the written or automated knowledge and vision examinations and, in the case of a motorcycle learner’s permit applicant, the automated motorcycle test, issue a permit entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle or, if the application is made for a motorcycle learner’s permit, a motorcycle, on the highways, when accompanied by any licensed driver 21 years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister 18 years of age or older. The accompanying person shall be (i) alert, able to assist the driver, and actually occupying a seat beside the driver or, for motorcycle instruction, providing immediate supervision from a separate accompanying motor vehicle and (ii) lawfully permitted to operate the motor vehicle or accompanying motorcycle at that time.The Department shall not, however, issue a learner’s permit or motorcycle learner’s permit to any minor applicant required to provide evidence of compliance with the compulsory school attendance law set forth in Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1, unless such applicant is in good academic standing or, if not in such standing or submitting evidence thereof, whose parent or guardian, having custody of such minor, provides written authorization for the minor to obtain a learner’s permit or motorcycle learner’s permit, which written authorization shall be obtained on forms provided by the Department and indicating the Commonwealth’s interest in the good academic standing and regular school attendance of such minors. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a learner’s permit or motorcycle learner’s permit.Such permit, except a motorcycle learner’s permit, shall be valid until the holder thereof either is issued a driver’s license as provided for in this chapter or no longer meets the qualifications for issuance of a learner’s permit as provided in this section. Motorcycle learner’s permits shall be valid for 12 months. When a motorcycle learner’s permit expires, the permittee may, upon submission of an application, payment of the application fee, and successful completion of the examinations, be issued another motorcycle learner’s permit valid for 12 months.Any person 25 years of age or older who is eligible to receive an operator’s license in Virginia, but who is required, pursuant to § 46.2-324.1 , to be issued a learner’s permit for 60 days prior to his first behind-the-wheel exam, may be issued such learner’s permit even though restrictions on his driving privilege have been ordered by a court. Any such learner’s permit shall be subject to the restrictions ordered by the court.
  2. No driver’s license shall be issued to any such person who is less than 18 years old unless, while holding a learner’s permit, he has driven a motor vehicle for at least 45 hours, at least 15 of which were after sunset, as certified by his parent, foster parent, or legal guardian unless the person is married or otherwise emancipated. Such certification shall be on a form provided by the Commissioner and shall contain the following statement:“It is illegal for anyone to give false information in connection with obtaining a driver’s license. This certification is considered part of the driver’s license application, and anyone who certifies to a false statement may be prosecuted. I certify that the statements made and the information submitted by me regarding this certification are true and correct.”Such form shall also include the driver’s license or Department of Motor Vehicles-issued identification card number of the person making the certification.
  3. No learner’s permit shall authorize its holder to operate a motor vehicle with more than one passenger who is less than 21 years old, except when participating in a driver education program approved by the Department of Education or a course offered by a driver training school licensed by the Department. This passenger limitation, however, shall not apply to the members of the driver’s family or household as defined in subsection B of § 46.2-334.01 .
  4. No learner’s permit shall authorize its holder to operate a motor vehicle between midnight and four o’clock a.m.
  5. A violation of subsection C or D shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle, nor shall anything in this subsection change any existing law, rule, or procedure pertaining to any such civil action.
  6. The provisions of §§ 46.2-323 and 46.2-334 relating to evidence and certification of Virginia residence and, in the case of persons of school age, compliance with the compulsory school attendance law shall apply, mutatis mutandis, to applications for learner’s permits and motorcycle learner’s permits issued under this section.
  7. For persons qualifying for a driver’s license through driver education courses approved by the Department of Education or courses offered by driver training schools licensed by the Department, the application for the learner’s permit shall be used as the application for the driver’s license.
  8. The Department shall charge a fee of $3 for each learner’s permit and motorcycle learner’s permit issued under this section. Fees for issuance of learner’s permits shall be paid into the driver education fund of the state treasury; fees for issuance of motorcycle learner’s permits, other than permits issued under § 46.2-328.3 , shall be paid into the state treasury and credited to the Motorcycle Rider Safety Training Program Fund created pursuant to § 46.2-1191 . It is unlawful for any person, after having received a learner’s permit, to drive a motor vehicle without being accompanied by a licensed driver as provided in the foregoing provisions of this section; however, a learner’s permit other than a motorcycle learner’s permit, accompanied by documentation verifying that the driver is at least 16 years and three months old and has successfully completed an approved driver’s education course, signed by the minor’s parent, guardian, legal custodian or other person standing in loco parentis, shall constitute a temporary driver’s license for the purpose of driving unaccompanied by a licensed driver 18 years of age or older, if all other requirements of this chapter have been met. Such temporary driver’s license shall only be valid until the driver has received his permanent license pursuant to § 46.2-336 .
  9. Nothing in this section shall be construed to permit the issuance of a learner’s permit entitling a person to drive a commercial motor vehicle, except as provided by the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).
  10. The following limitations shall apply to operation of motorcycles by all persons holding motorcycle learner’s permits:
    1. The operator shall wear an approved safety helmet as provided in § 46.2-910 .
    2. Operation shall be under the immediate supervision of a person licensed to operate a motorcycle who is 21 years of age or older.
    3. No person other than the operator shall occupy the motorcycle.
  11. Any violation of this section is punishable as a Class 2 misdemeanor.

History. Code 1950, §§ 46-353, 46-361, 46-363, 46-364; 1950, p. 249; 1952, c. 396; 1954, c. 123; 1956, c. 665; 1958, c. 541, § 46.1-357; 1960, cc. 110, 424; 1962, cc. 254, 482; 1964, c. 617; 1966, c. 36; 1968, c. 642; 1970, c. 41; 1972, c. 823; 1973, c. 1; 1974, cc. 223, 542; 1976, c. 8; 1977, cc. 548, 552; 1980, c. 165; 1982, c. 287; 1984, c. 780; 1987, cc. 154, 632; 1989, cc. 392, 705, 727; 1993, cc. 471, 501; 1995, cc. 254, 337, 535, 847; 1996, cc. 892, 894, 918, 943, 994, 1011, 1022, 1035; 1997, c. 841; 1998, c. 322; 1999, cc. 459, 462; 2000, c. 686; 2001, cc. 659, 665; 2004, cc. 733, 805; 2008, cc. 493, 735; 2010, cc. 541, 593; 2012, cc. 215, 222; 2016, c. 488; 2020, cc. 1227, 1246; 2020, Sp. Sess. I, cc. 45, 51; 2021, Sp. Sess. I, c. 381.

Cross references.

As to punishment for Class 2 misdemeanors, see § 18.2-11 .

Editor’s note.

Acts 2001, cc. 659 and 665, cl. 2 provides: “That the provisions of this act increasing the minimum age for applicants for Virginia driver’s licenses to sixteen years and three months shall not apply to applicants to whom Virginia learner’s permits were issued prior to July 1, 2001.”

Acts 2001, cc. 659 and 665, cl. 3 provides: “That the Department of Motor Vehicles shall make five annual reports to the Chairmen of the Senate and House Transportation Committees, summarizing accident rates and associated injuries and fatalities involving persons between the ages of fifteen and nineteen during the preceding year. The first such report shall be made prior to the 2003 Session of the General Assembly.”

Acts 2020, cc. 1227 and 1246, cl. 2 provides: “That the provisions of this act shall become effective on January 1, 2021.”

Acts 2020, cc. 1227 and 1246, cl. 4 provides: “That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.”

The 1998 amendment rewrote subsections A, D and F; and in subsection B, inserted “and motorcycle learner’s permits.”

The 1999 amendments.

The 1999 amendment by c. 459, in subsection A, in the second paragraph, inserted “or submitting evidence thereof” preceding “whose parent,” and substituted “which written authorization shall be obtained on forms provided by the Department and indicating the Commonwealth’s interest in the good academic standing and regular school attendance of such minors” for “For applicants attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor.”

The 1999 amendment by c. 462 inserted “signed by the minor’s parent, guardian, legal custodian or other person standing in loco parentis” in subsection D.

The 2000 amendments.

The 2000 amendment by c. 686 added present subsection G and redesignated former subsection G as present subsection H.

The 2001 amendments.

The 2001 amendments by cc. 659 and 665 are identical, and inserted “alert, able to assist the driver, and” in the last sentence of the first paragraph of subsection A, added present subsections B through E, redesignated former subsections B through H as present subsections F through L, and in the third sentence of present subsection H substituted “sixteen years and three months old” for “sixteen years of age.”

The 2004 amendments.

The 2004 amendment by c. 733, in subsection A, substituted “21” for “twenty-one,” “18” for “eighteen,” and “motor vehicle” for “motorcycle”; substituted “12” for “twelve” twice in the third paragraph of subsection A; in subsection B, substituted “18” for “eighteen,” “40” for “forty” and “10” for “ten”; substituted “18” for “eighteen” in subsection C; in subsection H, substituted “$3” for “three dollars,” “16” for “sixteen” and “18” for “eighteen”; deleted former subdivision J 1 which pertained to limitations on the hours of operation as allowed under a motorcycle learner’s permit; deleted former subdivision J 2 which read: “Operation on limited access highways is prohibited”; redesignated former subdivisions J 3 through J 5 as present subdivisions J 1 through J 3; and rewrote subdivision J 2.

The 2004 amendment by c. 805, in subsection B, inserted “foster parent” and made minor stylistic changes throughout the section.

The 2008 amendments.

The 2008 amendment by c. 493, in subsection B, substituted “45 hours” for “40 hours” and “15” for “10” in the first sentence, and added the second sentence and the second and third paragraphs.

The 2008 amendment by c. 735 deleted former subsection K, which read: “No holder of a learner’s permit or motorcycle learner’s permit shall be allowed to take the behind-the-wheel examination administered by the Department more than three times in any three-month period”; and redesignated former subsection L as subsection K.

The 2010 amendments.

The 2010 amendments by cc. 541 and 593 are identical, and inserted the last paragraph of subsection A.

The 2012 amendments.

The 2012 amendments by cc. 215 and 222 are identical, and substituted “60 days” for “30 days” in the last paragraph of subsection A; and deleted “of this section” following “subsection C or D” near the beginning of subsection E.

The 2016 amendments.

The 2016 amendment by c. 488, in subsection C, substituted “21 years” for “18 years” and inserted “members of the”; added subsection E, and renumbered subsequent subsections accordingly; and in subsection F, substituted “subsection C, D, or E” for “subsection C or D.”

The 2020 amendments.

The 2020 amendments by cc. 1227 and 1246, effective January 1, 2021, are identical, and inserted “other than permits issued under § 46.2-328.3 ” in the second sentence of subsection I; and made stylistic changes.

The 2020 Sp. Sess. I amendments.

The 2020 amendments by Sp. Sess. I, cc. 45 and 51, effective March 1, 2021, are identical and in subsection E, substituted “law-enforcement officer shall stop a motor vehicle for a violation of this section” for “citation for a violation of this subsection shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute” in the second sentence and added the third sentence.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 381, effective July 1, 2021, deleted former subsection E, which read: “Except in a driver emergency or when the vehicle is lawfully parked or stopped, no holder of a learner’s permit shall operate a motor vehicle on the highways of the Commonwealth while using any cellular telephone or any other wireless telecommunications device, regardless of whether or not such device is handheld. No law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator’s consent, shall be admissible in any trial, hearing, or other proceeding” and redesignated the remaining subsection accordingly; and substituted “subsection C or D” for “subsection C, D, or E” in subsection E.

Law Review.

For article, “Legal Issues Involving Children,” see 35 U. Rich. L. Rev. 741 (2001).

For 2003/2004 survey of family and juvenile law, see 39 U. Rich. L. Rev. 241 (2004).

Research References.

Friend’s Virginia Pleading and Practice (Matthew Bender). Chapter 26 Tort Actions: Other Common-Law Statutory Remedies. § 26.02. Motor Vehicle Injuries. Friend.

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, §§ 8, 52.

§ 46.2-335.1. Knowledge test; waiting period prior to reexamination.

Any person under the age of eighteen who applies for a learner’s permit under § 46.2-335 and fails the motor vehicle knowledge test administered pursuant to that section shall not be eligible for retesting for at least fifteen days.

History. 1996, c. 1035.

§ 46.2-335.2. Learner’s permits; required before driver’s license; minimum holding period.

  1. No person under the age of 18 years shall be eligible to receive a driver’s license pursuant to § 46.2-334 unless the Department has previously issued such person a learner’s permit pursuant to § 46.2-335 and such person has satisfied the minimum holding period requirements set forth in subsection B, or unless such person is the holder of a valid driver’s license from another state and qualifies for a temporary license under subsection E of § 46.2-334 .
  2. Any person under the age of 18 years issued a learner’s permit pursuant to § 46.2-335 shall hold such permit for a minimum period of nine months or until he reaches the age of 18 years, whichever occurs first.

History. 1996, c. 1035; 2001, cc. 659, 665; 2002, c. 535; 2016, c. 488.

Editor’s note.

Acts 2001, cc. 659 and 665, cl. 2 provides: “That the provisions of this act increasing the minimum age for applicants for Virginia driver’s licenses to sixteen years and three months shall not apply to applicants to whom Virginia learner’s permits were issued prior to July 1, 2001.”

Acts 2001, cc. 659 and 665, cl. 3 provides: “That the Department of Motor Vehicles shall make five annual reports to the Chairmen of the Senate and House Transportation Committees, summarizing accident rates and associated injuries and fatalities involving persons between the ages of fifteen and nineteen during the preceding year. The first such report shall be made prior to the 2003 Session of the General Assembly.”

The 2001 amendments.

The 2001 amendments by cc. 659 and 665 are identical, and in subsection B, substituted “July 1, 2001” for “July 1, 1996,” and substituted “nine months” for “six months.”

The 2002 amendments.

The 2002 amendment by ch. 535 substituted “age of nineteen” for “age of eighteen” throughout subsections A and B; in subsection A, in the first sentence deleted “Effective July 1, 1996” at the beginning and substituted “subsection E of § 46.2-334 or subsection C of this section” for “subdivision 3 of § 46.2-334 ,” and deleted the second sentence, which formerly read: “However, persons under the age of eighteen years to whom the Department has issued a learner’s permit prior to July 1, 1996, shall not be subject to the minimum holding period requirements set forth in subsection B before obtaining a driver’s license pursuant to § 46.2-334”; substituted “2002” for “2001” in subsection B; and added subsection C.

The 2016 amendments.

The 2016 amendment by c. 488 substituted “18 years” for “nineteen years” throughout; deleted “or subsection C of this section” from the end of subsection A; deleted “Effective July 1, 2002” from the beginning of subsection B; and deleted subsection C, which read: “Notwithstanding the provisions of subsection D of § 46.2-323 , requiring the successful completion of a driver education course approved by the State Department of Education, the Commissioner, on application therefor by a person who is at least eighteen years old but less than nineteen years old, shall issue to the applicant a temporary driver’s license valid for six months if he (i) certifies by signing on a form prescribed by the Commissioner that he is a resident of the Commonwealth; (ii) is the holder of a valid driver’s license from another state; and (iii) has not been found guilty or otherwise responsible for an offense involving the operation of a motor vehicle. No temporary license issued under this subsection shall be renewed, nor shall a second or subsequent temporary license under this subsection be issued to the same applicant.”

§ 46.2-336. Manner of issuing original driver’s licenses to minors.

  1. Except as provided in subsection B, the Department shall forward all original driver’s licenses issued to persons under the age of 18 years to the judge of the juvenile and domestic relations court in the city or county in which the licensee resides. The judge or a substitute judge shall issue to each person to be licensed the license so forwarded, and shall, at the time of issuance, conduct a formal, appropriate ceremony, in which he shall illustrate to the licensee the responsibility attendant on the privilege of driving a motor vehicle. The attorney for the Commonwealth who serves the jurisdiction in which the ceremony is to be conducted may request in writing in advance of such ceremony an opportunity to participate in the ceremony. Any judge who presides over such ceremony shall, upon request, afford the attorney for the Commonwealth the opportunity to participate in such ceremony and to address the prospective licensees and the persons enumerated below who may be accompanying the prospective licensees as to matters of enforcement, prosecutions, applicable punishments, and the responsibility of drivers generally. If the licensee is under the age of 18 years at the time his ceremony is held, he shall be accompanied at the ceremony by a parent, his guardian, spouse, or other person in loco parentis. However, the judge, for good cause shown, may mail or otherwise deliver the driver’s license to any person who is a student at any educational institution outside of the Commonwealth at the time such license is received by the judge as prescribed in this section.
  2. The chief juvenile and domestic relations district court judge may waive the ceremonial requirements of subsection A for each juvenile and domestic relations district court within the district or order that each juvenile and domestic relations district court within the district conduct such ceremony in an alternative manner. In courts where the ceremony has been waived, the Department shall mail or otherwise deliver the driver’s licenses directly to licensees.
  3. The provisions of this section shall not apply to the issuance of Virginia driver’s licenses to persons who hold valid driver’s licenses issued by other states.

History. 1962, c. 261, § 46.1-375.1; 1964, c. 185; 1984, c. 780; 1989, c. 727; 1993, c. 53; 1998, c. 472; 2012, cc. 30, 100; 2014, c. 352; 2022, cc. 55, 636.

Editor’s note.

Acts 1993, c. 930, cl. 3, as amended by Acts 1994, c. 564, cl. 2, and Acts 1996, c. 616, cl. 4, provides that the amendment to this section by Acts 1993, c. 930, cl. 1, shall become effective June 1, 1998, “if state funds are provided including all local costs, to carry out the purposes of this bill by the General Assembly.” The funding was not provided.

Acts 2020, c. 1289, Item 43 G, as added by Acts 2020, Sp. Sess. I, c. 56, and as amended by Acts 2021, Sp. Sess. I, c. 552, effective for the biennium ending June 30, 2022, provides: “Notwithstanding any other provision of law, during a declared judicial state of emergency as defined in § 17.1-330 , Code of Virginia, and for up to 90 days after the declaration has been rescinded or expires, a chief judge may waive the ceremonial requirements pursuant to § 46.2-336 , Code of Virginia, or otherwise conduct juvenile licensing ceremonies in an alternative manner prescribed by the court. The judge may mail or otherwise deliver driver’s licenses to licensees at the time such licenses are received by the judge. The Chief judge may also coordinate with the Department of Motor Vehicles to have licenses mailed directly to licensees.”

The 1998 amendment added the second paragraph.

The 2012 amendments.

The 2012 amendments by cc. 30 and 100 are identical, and in the first paragraph, substituted “persons” for “applicants” in the first sentence and “ceremony is held” for “application was made” in the third sentence, and made minor stylistic changes throughout the paragraph.

The 2014 amendments.

The 2014 amendment by c. 352, in the first paragraph, added the third and fourth sentences.

The 2022 amendments.

The 2022 amendments by c. 55 and 636 are identical, and added subsection B; redesignated the existing provisions as subsections A and C; and in subsection A, substituted “Except as provided in subsection B, the Department” for “The Department” and deleted “of Virginia” following the last instance of “the Commonwealth.”

Michie’s Jurisprudence.

For related discussion, see 2B M.J. Automobiles, § 8.

§ 46.2-337. Examination and road test required for license to operate motorcycle; regulations.

No person shall drive any motorcycle on a highway in the Commonwealth unless he has passed a special examination, including written material and a road test, pertaining to his ability to drive a motorcycle with reasonable competence and with safety to other persons using the highways. The Department may adopt regulations as may be necessary to provide for the special examination under § 46.2-325 of persons desiring to qualify to drive motorcycles in the Commonwealth and for the granting of licenses or permits suitably endorsed for qualified applicants. The road test for two-wheeled motorcycles and the road test for three-wheeled motorcycles shall be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate each type of motorcycle.

No person applying for a classification to authorize the driving of a motorcycle who fails the road test portion of the special examination two times shall be eligible for such classification until he successfully completes a motorcycle rider safety training course offered by a provider licensed under Article 23 (§ 46.2-1188 et seq.) of Chapter 10.

If the Commissioner is satisfied that a person intending to operate a motorcycle has demonstrated the same proficiency as required by the special examination through successful completion of a motorcycle rider safety training course offered by a provider licensed under Article 23 (§ 46.2-1188 et seq.) of Chapter 10, he may waive the written material or road test portion or both portions of the special examination. The Commissioner may also waive the written material or road test portion or both portions of the special examination if the person intending to operate a motorcycle holds a valid Virginia driver’s license and is a member, the spouse of a member, or a dependent of a member of the United States Armed Services, and the license holder has successfully completed a basic motorcycle rider course approved by the United States Armed Services.

History. 1968, c. 642, § 46.1-370.1; 1989, c. 727; 2007, c. 190; 2013, cc. 673, 783, 789.

The 2007 amendments.

The 2007 amendment by c. 190 added the second and third paragraphs.

The 2013 amendments.

The 2013 amendments by cc. 673 and 789 are nearly identical, and added the last sentence in the last paragraph. The last sentence is set out in the form above at the direction of the Virginia Code Commission.

The 2013 amendment by c. 783, in the first paragraph, substituted “may” for “shall” in the second sentence, and added the third sentence.

§ 46.2-338. Repealed by Acts 1989, c. 705.

§ 46.2-339. Qualifications of school bus operators; training; examination.

  1. No person shall operate any school bus on a highway in the Commonwealth unless he has had a reasonable amount of experience in operating motor vehicles and has passed a special examination pertaining to his ability to operate a school bus with safety to its passengers and to other persons using the highways. Such person shall obtain a commercial driver’s license with the applicable classifications and endorsements, issued pursuant to the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.), if the school bus he operates is a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act. For the purpose of preparing for the examination required by this section, any person holding a valid commercial driver’s license or instruction permit issued under the provisions of the Virginia Commercial Driver’s License Act may operate, under the direct supervision of a person holding a valid commercial driver’s license with a school bus endorsement, a school bus that is a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act and that contains no pupil passengers.
  2. The Department may adopt regulations necessary to provide for the examination of persons desiring to qualify to operate school buses in the Commonwealth and for the granting of permits to qualified applicants.
  3. Notwithstanding the provisions of this section, no person shall operate any school bus on a highway in the Commonwealth during any period in which he is a person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.

History. Code 1950, § 22-278; 1958, c. 541, § 46.1-370; 1978, c. 263; 1984, c. 780; 1989, cc. 705, 727; 2011, c. 477; 2018, cc. 203, 389.

Cross references.

As to required reports to the Central Criminal Records Exchange, see § 19.2-390 .

The 2011 amendments.

The 2011 amendment by c. 477 added the last sentence.

The 2018 amendments.

The 2018 amendments by cc. 203 and 389 are identical, and added the subsection A through C designators, and substituted “operate” for “drive” and its derivatives throughout; and in subsection A, deleted “holding a valid driver’s license issued under Article 4 of this chapter, may drive, under the direct supervision of a person holding a valid school bus license endorsement, a school bus which contains no other passengers, provided that, on and after April 1, 1992, only persons” following “any person”; and made stylistic changes.

§ 46.2-340. Information concerning school bus drivers and driver education instructors.

  1. At the beginning of each school year, and whenever changes need to be made, each local school division shall furnish to the Department of Motor Vehicles the name, driver’s license number, and commercial driver’s license number of all persons driving school buses for that school division. Whenever any commercial driver’s license with a school bus driver’s endorsement is suspended or revoked, or the holder of a driver’s license with a school bus driver’s endorsement or commercial driver’s license with a school bus driver’s endorsement is convicted in any court of reckless driving or driving while intoxicated, the Department shall notify the affected local school division of the name and driver’s license number or commercial driver’s license number of the driver involved.
  2. At the beginning of each school year, and whenever changes need to be made, each local school division and private school providing a driver education program approved by the Department of Education shall furnish to the Department of Motor Vehicles the name and driver’s license number of all persons providing instruction in driver education for that school division or private school. Whenever a driver’s license of a person providing such instruction is suspended or revoked, or such person is convicted in any court of reckless driving or driving while intoxicated, the Department shall notify the affected local school division or private school of the name and driver’s license number of the driver involved.If the driving record of such driver education instructor accumulates more than six demerit points based on convictions occurring in any calendar year, the Department shall notify the relevant local school division or private school of the name and driver’s license number of the driver. Safe driving points shall not be used to reduce the six demerit points. No driver education program in a public school division or a private school shall retain its approval by the Department of Education unless such a person who has accumulated such six demerit points is removed from providing behind-the-wheel driver education instruction in the private school or public school division for a period of twenty-four months.
  3. The provisions of the Government Data Collection and Dissemination Practices Act (Chapter 38 of Title 2.2, § 2.2-3800 et seq.) shall not apply to the exchange of information under this section.

History. 1986, c. 287, § 46.1-370.01; 1989, c. 727; 1993, c. 52; 1999, c. 463.

The 1999 amendment added the subsection A designator to the first paragraph, added subsection B, and added the subsection designator C to the last paragraph.

Article 6. Licensure of Commercial Vehicle Drivers.

§ 46.2-341. Repealed by Acts 1989, c. 705.

Article 6.1. Commercial Driver’s Licenses.

§ 46.2-341.1. Title.

This Act may be cited as the “Virginia Commercial Driver’s License Act.”

History. 1989, c. 705, § 46.1-372.1.

Cross references.

As to effect of attendance at driver improvement clinic on record of person charged with any offence committed while operating a commercial motor vehicle, see § 46.2-505 .

§ 46.2-341.2. Repealed by Acts 2020, c. 788, cl. 1.

Editor’s note.

Former § 46.2-341.2 , pertaining to statement of intent and purpose, derived from Acts 1989, c. 705. This section was formerly ‘Not set out‘ in furtherance of the general policy of the Virginia Code Commission to include in the Code only provisions having general and permanent application. It was subsequently repealed by Acts 2020, c. 788, cl. 1.

§ 46.2-341.3. Conflicts; supplement to driver licensing statutes.

This article is intended to supplement, not supplant, the laws of the Commonwealth relating to drivers, driver licensing, vehicles and vehicle operations, which laws shall continue to apply to persons required to be licensed pursuant to this article, unless the context clearly indicates otherwise. To the extent that any provisions of this article conflict with such other laws of the Commonwealth, the provisions of this article shall prevail. Where this article is silent, such other laws shall apply.

Notwithstanding the provisions of § 46.2-1300 , the governing bodies of counties, cities or towns shall not be authorized to adopt ordinances that are substantially similar to the provisions of this article.

History. 1989, c. 705, § 46.1-372.3.

CASE NOTES

Legislative intent. —

Because defendant, a domiciliary of another state, while residing in Virginia, could use his commercial driver’s license (CDL) issued by that state to drive non-commercial vehicles in Virginia, the trial court erred in finding otherwise, requiring reversal of his conviction under § 46.2-300 ; moreover, this position was consistent with the legislature’s intent that the holder of a CDL stood in a class separate from persons who held regular driver’s licenses. Meierotto v. Commonwealth, 50 Va. App. 1, 646 S.E.2d 1, 2007 Va. App. LEXIS 227 (2007).

§ 46.2-341.4. Definitions.

As used in this article, unless the context requires a different meaning:

“Air brake” means any braking system operating fully or partially on the air brake principle.

“Applicant” means an individual who applies to obtain, transfer, upgrade, or renew a commercial driver’s license or to obtain or renew a commercial learner’s permit.

“Automatic transmission” means, for the purposes of the skills test and the restriction, any transmission other than a manual transmission.

“CDLIS driver record” means the electronic record of the individual commercial driver’s status and history stored by the State of Record as part of the Commercial Driver’s License Information System (CDLIS).

“Commercial driver’s license” means any driver’s license issued to a person in accordance with the provisions of this article, or if the license is issued by another state, any license issued to a person in accordance with the federal Commercial Motor Vehicle Safety Act, which authorizes such person to drive a commercial motor vehicle of the class and type and with the restrictions indicated on the license.

“Commercial driver’s license information system” or “CDLIS” means the commercial driver’s license information system established by the Federal Motor Carrier Safety Administration pursuant to § 12007 of the Commercial Motor Vehicle Safety Act of 1986.

“Commercial learner’s permit” means a permit issued to an individual in accordance with the provisions of this article or, if issued by another state, a permit issued in accordance with the standards contained in the Federal Motor Carrier Safety Regulations, which, when carried with a valid driver’s license issued by the same state or jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid commercial driver’s license for purposes of behind-the-wheel training. When issued to a commercial driver’s license holder, a commercial learner’s permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder’s current commercial driver’s license is not valid.

“Commercial motor vehicle” means, except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight rating of 26,001 or more pounds; (ii) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.

The following are excluded from the definition of commercial motor vehicle:

  1. Any vehicle when used by an individual solely for his own personal purposes, such as personal recreational activities;
  2. Any vehicle that (i) is controlled and operated by a farmer, whether or not it is owned by the farmer, and that is used exclusively for farm use, as provided in §§ 46.2-649.3 and 46.2-698 ; (ii) is used to transport either agricultural products, farm machinery, or farm supplies to or from a farm; (iii) is not used in the operation of a common or contract motor carrier; and (iv) is used within 150 miles of the farmer’s farm;
  3. Any vehicle operated for military purposes by (i) active duty military personnel; (ii) members of the military reserves; (iii) members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), but not U.S. Reserve technicians; and (iv) active duty U.S. Coast Guard personnel; or
  4. Emergency equipment operated by a member of a firefighting, rescue, or emergency entity in the performance of his official duties. “Commercial Motor Vehicle Safety Act” means the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of P.L. 99-570, as amended. “Conviction” means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail, or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of a motor vehicle, a civil or an administrative determination of a violation. For the purposes of this definition, an administrative determination includes an unvacated certification or finding by an administrative or authorized law-enforcement official that a person has violated a provision of law. “Disqualification” means a prohibition against driving, operating, or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body. “Domicile” means a person’s true, fixed, and permanent home and principal residence, to which he intends to return whenever he is absent. “Employee” means a payroll employee or person employed under lease or contract, or a person who has applied for employment and whose employment is contingent upon obtaining a commercial driver’s license. “Employer” means a person who owns or leases commercial motor vehicles and assigns employees to drive such vehicles. “Endorsement” means an authorization to an individual’s commercial driver’s license or commercial learner’s permit required to permit the individual to operate certain types of commercial motor vehicles. “Entry-level driver” means an individual who (i) must complete the commercial driver’s license skills test requirements under FMCSA regulations prior to receiving a commercial driver’s license for the first time, (ii) is upgrading to a Class A or Class B commercial driver’s license for the first time, or (iii) is obtaining a hazardous materials, passenger, or school bus endorsement for the first time. This definition does not include individuals exempt from such requirements under 49 C.F.R. § 380.603. “Entry-level driver training” means training an entry-level driver receives from an entity listed on the FMCSA’s Training Provider Registry, as provided for in 49 C.F.R. § 380.700 et seq., prior to taking the (i) commercial driver’s license skills test required to (a) receive a commercial driver’s license for the first time, (b) receive the Class A or Class B commercial driver’s license for the first time, (c) upgrade to a Class A or B commercial driver’s license for the first time, or (d) obtain a passenger or school bus endorsement for the first time or (ii) commercial driver’s license knowledge test required to obtain a hazardous materials endorsement for the first time. “FMCSA” means the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation. “Full air brake” means any braking system operating fully on the air brake principle. “Gross combination weight rating” means the value specified by the manufacturers of an articulated vehicle or combination of vehicles as the maximum loaded weight of such vehicles. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross combination weight rating shall be the greater of (i) the gross vehicle weight rating of the power units of the combination vehicle plus the total weight of the towed units, including any loads thereon, or (ii) the gross weight at which the articulated vehicle or combination of vehicles is registered in its state of registration; however, the registered gross weight shall not be applicable for determining the classification of an articulated vehicle or combination of vehicles for purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16 . “Gross vehicle weight rating” means the value specified by the manufacturer of the vehicle as the maximum loaded weight of a single vehicle. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross vehicle weight rating shall be the greater of (i) the actual gross weight of the vehicle, including any load thereon, or (ii) the gross weight at which the vehicle is registered in its state of registration; however, the registered gross weight of the vehicle shall not be applicable for determining the classification of a vehicle for purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16 . “Hazardous materials” means materials designated to be hazardous in accordance with § 103 of the federal Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., as amended, and which require placarding when transported by motor vehicle as provided in the federal Hazardous Materials Regulations, 49 C.F.R. Part 172, Subpart F; it also includes any quantity of any material listed as a select agent or toxin in federal Public Health Service Regulations at 42 C.F.R. Part 73. “Manual transmission,” also known as a stick shift, stick, straight drive, or standard transmission, means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot. “Noncommercial driver’s license” means any other type of motor vehicle license, such as an automobile driver’s license, a chauffeur’s license, or a motorcycle license. “Nondomiciled commercial learner’s permit” or “nondomiciled commercial driver’s license” means a commercial learner’s permit or commercial driver’s license, respectively, issued to a person in accordance with the provisions of this article or, if issued by another state, under either of the following two conditions: (i) to an individual domiciled in a foreign jurisdiction that does not test drivers and issue commercial driver’s licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor Carrier Safety Regulations or (ii) to an individual domiciled in another state while that state is prohibited from issuing commercial driver’s licenses in accordance with decertification requirements of 49 C.F.R. § 384.405. “Out-of-service order” or “out-of-service declaration” means an order by a judicial officer pursuant to § 46.2-341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized law-enforcement officer under § 46.2-1001 or regulations promulgated pursuant to § 52-8.4 relating to Motor Carrier Safety, and including similar actions by authorized judicial officers or enforcement officers acting pursuant to similar laws of other states, the United States, the Canadian Provinces, Canada, Mexico, and localities within them, and also including actions by federal or other jurisdictions’ officers pursuant to Federal Motor Carrier Safety Regulations, that a driver, a commercial motor vehicle, or a motor carrier is out of service. Such order or declaration as to a driver means that the driver is prohibited from operating a commercial motor vehicle for the duration of the out-of-service period. Such order or declaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted in the order or declaration has been removed and the vehicle has been cleared for further operation. Such order or declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-of-service order or declaration has been lifted. For purposes of this article, the provisions of the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 390 through 397, including such regulations or any substantially similar regulations as may have been adopted by any state of the United States, the Provinces of Canada, Canada, Mexico, or any locality shall be considered laws similar to the laws of the Commonwealth referenced herein. “Person” means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board. “Restriction” means a prohibition on a commercial driver’s license or commercial learner’s permit that prohibits the holder from operating certain commercial motor vehicles. “Seasonal restricted commercial driver’s license” means a commercial driver’s license issued under the authority of the waiver promulgated by the federal Department of Transportation (49 C.F.R. § 383.3) by the Commonwealth or any other jurisdiction to an individual who has not passed the knowledge or skills tests required of other commercial driver’s license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a farm service business, within 150 miles of the place of business or the farm currently being served. “State” means one of the 50 states of the United States or the District of Columbia. “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons as provided in 49 C.F.R. Part 383. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle. “Third party examiner” means an individual who is an employee of a third party tester and who is certified by the Department to administer tests required for a commercial driver’s license. “Third party instructor” means an individual who is an employee of a third party tester or a training provider and who (i) is authorized by the Department to provide entry-level driver training required for a commercial driver’s license and (ii) meets the requirements for either a theory or behind-the-wheel instructor as defined in § 46.2-1700 . “Third party tester” means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 (§ 23.1-2900 et seq.) of Title 23.1, or a department, agency, or instrumentality of a local government) certified by the Department to employ third party examiners to administer a test program for testing commercial driver’s license applicants in accordance with this article. “Training provider” means a person that provides entry-level driver training and that is (i) a Virginia licensed Class A driver training school or a Virginia certified third party tester and is listed on the federal Training Provider Registry or (ii) an entity that is otherwise licensed, certified, registered, or authorized to provide training in accordance with the laws of the Commonwealth or the applicable laws of another state and is listed on the federal Training Provider Registry. “VAMCSR” means the Virginia Motor Carrier Safety Regulations (19VAC30-20) adopted by the Department of State Police pursuant to § 52-8.4 .

History. 1989, c. 705, § 46.1-372.4; 1990, c. 218; 1993, c. 70; 1998, c. 883; 2005, c. 513; 2008, c. 190; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2016, c. 429; 2019, c. 750.

Editor’s note.

The federal Commercial Motor Vehicle Safety Act, defined in this section and referred to in §§ 46.2-341.5 , 46.2-341.12 , and 46.2-341.14 , has been repealed. Present similar law may be found at 49 U.S.C § 31100 et seq.

At the direction of the Virginia Code Commission, “Chapter 29 ( § 23.1-2900 et seq.) of Title 23.1” was substituted for “Chapter 16 ( § 23-192 et seq.) of Title 23” in the definition of “Third party tester” to conform to the recodification of Title 23 by Acts 2016, c. 588, effective October 1, 2016.

Acts 2019, c. 750, cl. 3, as amended by Acts 2020, c. 546, cl. 3 provides: “That the provisions of §§ 46.2-324.1 , 46.2-341.4 , and 46.2-341.12 , and subsection A of § 46.2-341.14 relating to eligibility for application to the Department for a Class A or Class B commercial driver’s license or a school bus, passenger, or hazardous materials endorsement, and §§ 46.2-341.14:1 , 46.2-1700 , 46.2-1708 , 46.2-1709 , 46.2-1710 , and 46.2-1711 shall become effective at such time as the Federal Motor Carrier Safety Administration has made available to the Department of Motor Vehicles the information necessary to comply with such provisions, as certified by the Secretary of Transportation.” The Virginia Code Commission has advised that only the definitions for entry-level driver, entry-level driver training, third party instructor, and training provider, are subject to this enactment. Effective February 7, 2022, the Secretary of Transportation made the proper certifications pursuant to Chapter 770 of the 2019 Acts of Assembly and Chapter 546 of the 2020 Acts of Assembly.

The 1998 amendment, in the second paragraph of the definition of “Commercial motor vehicle,” substituted “emergency equipment operated by a member of a” for “any vehicle when used as,” inserted “rescue,” and substituted “entity in the performance of his official duties” for “equipment for the purpose of preserving life or property or to execute emergency governmental functions.”

The 2005 amendments.

The 2005 amendment by c. 513 rewrote the second paragraph of the definition for “Commercial motor vehicle,” rewrote the paragraph of the definition for “Hazardous materials,” added the definition for “Out-of-service order” and “Tank vehicle,” and made minor stylistic changes.

The 2008 amendments.

The 2008 amendment by c. 190 in the definitions of “Gross combination weight rating” inserted “for law-enforcement purposes” and added the exception at the end of clause (ii) in the second sentence; and in the definition of “Gross vehicle weight rating,” rewrote the second sentence, which read: “In the absence of such a value specified by the manufacturer, the gross weight at which the vehicle is registered in its state of registration.”

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are identical, and added the definitions of “Air brake,” “Automatic transmission,” “CDLIS driver record,” “Commercial driver’s instruction permit,” “Commercial driver’s license information system,” “Employee,” “Employer,” “Endorsement,” “FMCSA,” “Full air brake restriction,” “Manual transmission,” “Non-commercial driver’s license,” “Person,” “Restriction,” “Third party examiner,” “Third party tester,” and “VAMCSR”; and in the definition of “Tank vehicle,” inserted “or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more” in the first sentence, added “as provided in 49 C.F.R. Part 383” at the end of the next-to-last sentence, and added the last sentence.

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and in the definition of “Air brake” deleted “for the purposes of the skills test and the restriction” following “means”; added the definition of “Applicant”; rewrote the definition of “Full air brake”; in the definition of “Third party examiner” substituted “tests” for “the skills test”; in the definition of “Third party tester” inserted “the military” and deleted “skills” preceding “test program”; and in the definition of “VAMCSR” substituted “(19VAC30-20)” for “(19 VAC 30-20-10 et seq.).”

The 2015 amendments.

The 2015 amendment by c. 258 substituted “learner’s permit” for “driver’s instruction permit” in the definition for “Applicant”; deleted the definition for “Commercial driver’s instruction permit”; added the definition for “Commercial learner’s permit”; in the second paragraph of the definition for “Commercial motor vehicle”, substituted “provided in §§ 46.2-649.3 and” for “defined in § ”; substituted “learner’s permit” for “driver’s instruction permit” in the definitions for “Endorsement” and “Restriction”; added the definition for “Nondomiciled commercial learner’s permit”; and in the definition for “Out-of-service order,” substituted “federal” for “Federal” twice.

The 2016 amendments.

The 2016 amendment by c. 429, in the definition of “Out-of-service order,” substituted “laws of the Commonwealth” for “Virginia laws”; in the definition of “Seasonal restricted commercial driver’s license,” substituted “the Commonwealth” for “Virginia”; in the definition of “Third party tester,” deleted “but not limited to” following “(including” and inserted “a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 16 (§ 23-192 et seq.) of Title 23.”

The 2019 amendments.

The 2019 amendment by c. 750 rewrote the introductory paragraph, which read, “The following definitions shall apply to this article, unless a different meaning is clearly required by the context”; in the definition for “Commercial driver’s license information system,” substituted “or ‘CDLIS’ means the commercial driver’s license information system” for “(CDLIS) means the CDLIS”; added the designations for subdivisions 1 through 4 of the definition for “Commercial motor vehicle”; inserted the definitions for “Entry-level driver,” “Entry-level driver training,” “Third party instructor,” and “Training provider”; and in the definition for “FMCSA,” added “of the U.S. Department of Transportation” at the end; and made stylistic changes.

The 2019 amendment by c. 750 inserted the definitions for “Entry-level driver,” “Entry-level driver training,” “Third party instructor,” and “Training provider”; rewrote the introductory paragraph, which read, “The following definitions shall apply to this article, unless a different meaning is clearly required by the context”; in the definition for “Commercial driver’s license information system,” substituted “or ‘CDLIS’ means the commercial driver’s license information system” for “(CDLIS) means the CDLIS”; added the designations for subdivisions 1 through 4 of the definition for “Commercial motor vehicle”; and in the definition for “FMCSA,” added “of the U.S. Department of Transportation” at the end; and made stylistic changes. For effective date, see Editor’s note.

CASE NOTES

No equal protection violation. —

Prohibition against granting defendant, who was found guilty of driving while his blood alcohol concentration was in excess of .10, a restricted driving permit to operate a commercial motor vehicle, as defined in the Virginia Commerical Driver’s License Act, during his employment hours did not deny him equal protection of the laws although other persons may be permitted to drive noncommercial motor vehicles during the hours of such person’s employment if the operation of a motor vehicle is a necessary incident of such employment, even if defendant was similarly situated to a person who drives as a part of his or her employment but does not hold a commercial driver’s license, the legislature could have rationally concluded that a legitimate state purpose is served by denying restricted driving permits to persons who hold commercial driver’s licenses, the legislature could have legitimately determined that driving a commercial motor vehicle presents a greater threat to public safety because of the type and size of commercial vehicles and because of the nature of the cargo that commercial motor vehicles are authorized to carry, and indeed, as an expression of its concern for the impact of the use of alcohol on the public safety, the legislature has imposed more severe sanctions on operators of commercial motor vehicles who drive after drinking than those governing other drivers. Lockett v. Commonwealth, 17 Va. App. 488, 438 S.E.2d 497, 10 Va. Law Rep. 667, 1993 Va. App. LEXIS 629 (1993).

“Conviction.” —

The definition of “conviction” contained in the statute is limited to Article 6.1 of Title 46.2, the Commercial Driver’s License Act. Kenison v. Commonwealth, No. 1688-97-4 (Ct. of Appeals Feb. 23, 1999).

§ 46.2-341.5. Regulations consistent with Commercial Motor Vehicle Safety Act.

The Department is authorized to promulgate regulations and establish procedures to enable it to issue commercial driver’s licenses, maintain and exchange driver records, and impose licensing sanctions consistent with the provisions of this article and with the minimum standards of the federal Commercial Motor Vehicle Safety Act and the federal regulations promulgated thereunder.

History. 1989, c. 705, § 46.1-372.5.

§ 46.2-341.6. Limitation on number of driver’s licenses.

No person who drives a commercial motor vehicle shall have more than one driver’s license.

History. 1989, c. 705, § 46.1-372.6.

§ 46.2-341.7. Commercial driver’s license required; penalty.

  1. No person shall drive a commercial motor vehicle in the Commonwealth unless he has been issued a commercial driver’s license or commercial learner’s permit and unless such license or permit authorizes the operation of the type and class of vehicle so driven, and unless such license or permit is valid.
  2. Every driver of a commercial motor vehicle, while driving such vehicle in the Commonwealth, shall have in his immediate possession the commercial driver’s license or commercial learner’s permit authorizing the operation of such vehicle and shall make it available to any law-enforcement officer upon request. Failure to comply with this subsection shall be punishable as provided in § 46.2-104 .
  3. No person shall drive a commercial vehicle in Virginia in violation of any of the restrictions or limitations stated on his commercial driver’s license or commercial learner’s permit. A violation of the subsection shall constitute a Class 2 misdemeanor.

History. 1989, c. 705, § 46.1-372.7; 1993, c. 70; 2013, cc. 165, 582; 2015, c. 258.

Cross references.

As to punishment for Class 2 misdemeanors, see § 18.2-11 .

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are identical, and inserted “or commercial driver’s instruction permit” following “commercial driver’s license” throughout the section; and in subsection A, inserted “or permit” twice following “such license.”

The 2015 amendments.

The 2015 amendment by c. 258 substituted “learner’s permit” for “driver’s instruction permit” in subsections A, B, and C.

§ 46.2-341.8. Nonresidents and new residents.

  1. Any person who is not domiciled in the Commonwealth, who has been duly issued a commercial driver’s license or commercial learner’s permit by his state of domicile, who has such license or permit in his immediate possession, whose privilege or license to drive any motor vehicle is not suspended, revoked, or cancelled, and who has not been disqualified from driving a commercial motor vehicle, shall be permitted without further examination or licensure by the Commonwealth, to drive a commercial motor vehicle in the Commonwealth.Within 30 days after becoming domiciled in this Commonwealth, any person who has been issued a commercial driver’s license by another state and who intends to drive a commercial motor vehicle shall apply to the Department for a Virginia commercial driver’s license. If the Commissioner determines that such applicant is otherwise eligible for a commercial driver’s license, the Department will issue him a Virginia commercial driver’s license with the same classification and endorsements as his commercial driver’s license from another state, without requiring him to take the knowledge or skills test required for such commercial driver’s license in accordance with § 46.2-330 . However, any such applicant seeking to transfer his commercial driver’s license and to retain a hazardous materials endorsement shall have, within the two-year period preceding his application for a Virginia commercial driver’s license, either (i) passed the required test for such endorsement specified in 49 C.F.R. § 383.121 or (ii) successfully completed a hazardous materials test or training that is given by a third party and that is deemed to substantially cover the same knowledge base as described in 49 C.F.R. § 383.121.
  2. Any person who is (i) domiciled in a foreign jurisdiction that does not test drivers and issue commercial driver’s licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor Carrier Safety Regulations or (ii) domiciled in another state while that state is prohibited from issuing commercial driver’s licenses in accordance with decertification requirements of 49 C.F.R. § 384.405 may apply to the Department for a nondomiciled commercial learner’s permit or nondomiciled commercial driver’s license.An applicant for a nondomiciled commercial learner’s permit or nondomiciled commercial driver’s license shall be required to meet all requirements for a commercial learner’s permit or commercial driver’s license, respectively.An applicant domiciled in a foreign jurisdiction shall provide an unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant’s most recent admittance into the United States.An applicant for a nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit shall not be required to surrender his foreign license.After receipt of a nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit and for as long as it is valid, holders of such licenses or permits shall be required to notify the Department of any adverse action taken by any jurisdiction or governmental agency, foreign or domestic, against his driving privileges. Such notification shall be made before the end of the business day following the day the driver receives notice of the suspension, revocation, cancellation, lost privilege, or disqualification.

History. 1989, c. 705, § 46.1-372.8; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258.

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are identical, and inserted “or commercial driver’s instruction permit” following “commercial driver’s license” throughout the section; inserted “or permit” following “such license” in the first paragraph; and inserted the next-to-last sentence in the last paragraph and made a minor stylistic change.

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and in the second paragraph deleted “or commercial driver’s instruction permit” following “commercial driver’s license” five times; and substituted the last sentence for “The Commissioner may establish, by regulation, the criteria by which the test requirements for a commercial driver’s license may be waived for any such applicant.”

The 2015 amendments.

The 2015 amendment by c. 258 inserted the subsection A designation and substituted “learner’s permit” for “driver’s instruction permit” in the first sentence; and added subsection B.

§ 46.2-341.9. Eligibility for commercial driver’s license or commercial learner’s permit.

  1. A Virginia commercial driver’s license or commercial learner’s permit shall be issued only to a person who drives or intends to drive a commercial motor vehicle, who is domiciled in the Commonwealth, and who is eligible for a commercial driver’s license or commercial learner’s permit under such terms and conditions as the Department may require.No person shall be eligible for a Virginia commercial driver’s license or commercial learner’s permit until he has applied for such license or permit and has passed the applicable vision, knowledge and skills tests required by this article, and has satisfied all other applicable licensing requirements imposed by the laws of the Commonwealth. Such requirements shall include meeting the standards contained in subparts F, G, and H, of Part 383 of the FMCSA regulations.No person shall be eligible for a Virginia commercial driver’s license or commercial learner’s permit during any period in which he is disqualified from driving a commercial motor vehicle, or his driver’s license or privilege to drive is suspended, revoked or cancelled in any state, or during any period wherein the restoration of his license or privilege is contingent upon the furnishing of proof of financial responsibility.No person shall be eligible for a Virginia commercial driver’s license until he surrenders all other driver’s licenses issued to him by any state.No person shall be eligible for a Virginia commercial learner’s permit until he surrenders all other driver’s licenses and permits issued to him by any other state. The applicant for a commercial learner’s permit is not required to surrender his Virginia noncommercial driver’s license.No person under the age of 21 years shall be eligible for a commercial driver’s license, except that a person who is at least 18 years of age may be issued a commercial driver’s license or commercial learner’s permit, provided that such person is exempt from or is not subject to the age requirements of the Federal Motor Carrier Safety Regulations contained in 49 C.F.R. Part 391, and is not prohibited from operating a commercial motor vehicle by the Virginia Motor Carrier Safety Regulations, and has so certified. No person under the age of 21 years shall be issued a hazardous materials endorsement.No person shall be eligible for a Virginia commercial driver’s license to drive a Type S vehicle, as defined in subsection B of § 46.2-341.16 , during any period in which he is a person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.In determining the eligibility of any applicant for a Virginia commercial driver’s license, the Department shall consider, to the extent not inconsistent with federal law, the applicant’s military training and experience.A person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 may be issued a Virginia commercial driver’s license to drive a Type P vehicle, as defined in subsection B of § 46.2-341.16 , provided the commercial driver’s license includes a restriction prohibiting the license holder from operating a commercial vehicle to transport children to or from activities sponsored by a school or by a child day care facility licensed, regulated, or approved by the Department of Education.
  2. Notwithstanding the provisions of subsection A, pursuant to 49 U.S.C. 31311(a)(12) a commercial driver’s license or commercial learner’s permit may be issued to an individual who (i) operates or will operate a commercial motor vehicle; (ii) is a member of the active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary; and (iii) is not domiciled in the Commonwealth, but whose temporary or permanent duty station is located in the Commonwealth.

History. 1989, c. 705, § 46.1-372.9; 2011, c. 477; 2012, cc. 12, 153; 2013, cc. 165, 582; 2015, c. 258; 2020, cc. 860, 861.

Editor’s note.

Acts 2020, cc. 860 and 861, cl. 3 provides: “That the provisions of the first and second enactments of this act shall become effective on July 1, 2021, except that § 22.1-289.04 of the Code of Virginia, as created by this act, shall become effective in due course.”

The 2011 amendments.

The 2011 amendment by c. 477 added the sixth paragraph.

The 2012 amendments.

The 2012 amendment by c. 12 added the next-to-last paragraph, and made minor stylistic changes in the fifth paragraph.

The 2012 amendment by c. 153 added the last paragraph.

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are identical, and inserted “or commercial driver’s instruction permit” following “commercial driver’s license” throughout the section; in the second paragraph, inserted “or permit” following “such license” in the first sentence and added the second sentence; added the present fifth paragraph; and substituted “Federal Motor Carrier Safety Regulations” for “federal Motor Carrier Safety Regulations” in the sixth paragraph.

The 2015 amendments.

The 2015 amendment by c. 258 inserted the subsection A designation, substituted “learner’s permit” for “driver’s instruction permit” throughout the subsection, deleted “and” following “commercial motor vehicle” and substituted “and who is” for “provided that any person who is domiciled in a jurisdiction outside the United States, but has resided in the Commonwealth for a period of six weeks, shall be” in the first sentence; and added subsection B.

The 2020 amendments.

The 2020 amendments by cc. 860 and 861, both effective July 1, 2021, are identical, and substituted “Department of Education” for “Virginia Department of Social Services” in subsection A, last paragraph.

CASE NOTES

Construction with § 46.2-300 . —

Because defendant, a domiciliary of another state, while residing in Virginia, could use his commercial driver’s license (CDL) issued by that state to drive non-commercial vehicles in Virginia, the trial court erred in finding otherwise, requiring reversal of his conviction under § 46.2-300 ; moreover, this position was consistent with the legislature’s intent that the holder of a CDL stood in a class separate from persons who held regular driver’s licenses. Meierotto v. Commonwealth, 50 Va. App. 1, 646 S.E.2d 1, 2007 Va. App. LEXIS 227 (2007).

§ 46.2-341.9:01. Specialized training required.

The Commissioner shall require that the course of instruction and other relevant materials related to driver training for commercial driver’s licenses for Class A, Class B, and Class C commercial motor vehicles include training on the recognition, prevention, and reporting of human trafficking. The Commissioner shall identify industry-specific materials for use in the training required by this section.

History. 2019, c. 352.

§ 46.2-341.9:1. Commissioner to grant variances for commercial drivers transporting hazardous wastes.

The Commissioner may, to the extent allowed by federal law, grant variances from the regulations with respect to the physical qualifications for drivers of commercial motor vehicles transporting hazardous materials if:

  1. The driver is regularly employed in a job requiring the operation of a commercial motor vehicle transporting hazardous materials;
  2. The driver is at least twenty-one years of age;
  3. A physician licensed in Virginia certifies that, in his professional opinion, the driver is capable of safely operating a commercial motor vehicle transporting hazardous materials; and
  4. In the opinion of the Commissioner, the driver is able to perform the normal tasks associated with operating a commercial motor vehicle and comply with the applicable regulations authorized by § 10.1-1450.The Commissioner may promulgate regulations addressing such variances.

History. 1997, c. 260.

§ 46.2-341.10. Special provisions relating to commercial learner’s permit.

  1. The Department upon receiving an application on forms prescribed by the Commissioner and upon the applicant’s satisfactory completion of the vision and knowledge tests required for the class and type of commercial motor vehicle to be driven by the applicant may, in its discretion, issue to such applicant a commercial learner’s permit. Such permit shall be valid for no more than one year from the date of issuance. No renewals are permitted. A commercial learner’s permit shall entitle the applicant to drive a commercial motor vehicle of the class and type designated on the permit, but only when accompanied by a person licensed to drive the class and type of commercial motor vehicle driven by the applicant. The person accompanying the permit holder shall occupy the seat closest to the driver’s seat for the purpose of giving instruction to the permit holder in driving the commercial motor vehicle.
  2. No person shall be issued a commercial learner’s permit unless he possesses a valid Virginia driver’s license or has satisfied all the requirements necessary to obtain such a license.
  3. A commercial learner’s permit holder with a passenger (P) endorsement (i) must have taken and passed the P endorsement knowledge test and (ii) is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver’s license holder accompanying the commercial learner’s permit holder. The P endorsement must be class specific.
  4. A commercial learner’s permit holder with a school bus (S) endorsement (i) must have taken and passed the S endorsement knowledge test and (ii) is prohibited from operating a school bus with passengers other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver’s license holder accompanying the commercial learner’s permit holder. No person shall be issued a commercial learner’s permit to drive school buses or to drive any commercial vehicle to transport children to or from activities sponsored by a school or by a child day care facility licensed, regulated, or approved by the Department of Education during any period in which he is a person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.
  5. A commercial learner’s permit holder with a tank vehicle (N) endorsement (i) must have taken and passed the N endorsement knowledge test and (ii) may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue.
  6. The issuance of a commercial learner’s permit is a precondition to the initial issuance of a commercial driver’s license and to the upgrade of a commercial driver’s license if the upgrade requires a skills test. The commercial learner’s permit holder is not eligible to take the commercial driver’s license skills test until he has held the permit for the required period of time specified in § 46.2-324.1 .
  7. Any commercial learner’s permit holder who operates a commercial motor vehicle without being accompanied by a licensed driver as provided in this section is guilty of a Class 2 misdemeanor.
  8. The Department shall charge a fee of $3 for each commercial learner’s permit issued under the provisions of this section.

History. 1989, c. 705, § 46.1-372.10; 2011, c. 477; 2012, c. 153; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2019, c. 750; 2020, cc. 860, 861.

Cross references.

As to punishment for Class 2 misdemeanors, see § 18.2-11 .

Editor’s note.

Acts 2020, cc. 860 and 861, cl. 3 provides: “That the provisions of the first and second enactments of this act shall become effective on July 1, 2021, except that § 22.1-289.04 of the Code of Virginia, as created by this act, shall become effective in due course.”

The 2011 amendments.

The 2011 amendment by c. 477 added the third paragraph.

The 2012 amendments.

The 2012 amendment by c. 153 inserted “or to drive any commercial vehicle . . . Virginia Department of Social Services” in the third paragraph, and rewrote the fourth paragraph.

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are identical, and added subsection designations; added present subsections C through F; and added the former third paragraph as the present last sentence in subsection D.

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and in subsection A, substituted “be valid for no more than 180 days from the date of issuance” for “expire one year after issuance and” in the second sentence, added the third and fourth sentences, and inserted “A commercial driver’s instruction permit” at the beginning of the fourth sentence; and made minor stylistic changes.

The 2015 amendments.

The 2015 amendment by c. 258 substituted “learner’s permit” for “driver’s instruction permit” throughout the section; substituted “commercial learner’s permit” for “instruction permit” in subsections G and H.

The 2019 amendments.

The 2019 amendment by c. 750, in subsection A, substituted “one year” for “180 days” in the second sentence, deleted the former third sentence, which read: “The Department may renew the commercial learner’s permit for an additional 180 days without requiring the commercial learner’s permit holder to retake the general and endorsement knowledge tests” following “issuance,” and deleted “additional” preceding “renewals.”

The 2020 amendments.

The 2020 amendments by cc. 860 and 861, both effective July 1, 2021, are identical, and substituted “Department of Education” for “Virginia Department of Social Services” in subsection D, last sentence.

§ 46.2-341.10:1. Seasonal restricted commercial drivers’ licenses.

  1. The Commissioner may, in his discretion, issue seasonal restricted commercial drivers’ licenses in accordance with this section.
  2. A Virginia seasonal restricted commercial driver’s license shall be issued only to a person who (i) is a seasonal employee of a farm retail outlet or supplier, a custom harvester, a livestock feeder, or an agri-chemical business, (ii) is a Virginia-licensed driver with at least one year of driving experience as a licensed driver, and (iii) has satisfied every requirement for issuance of a commercial driver’s license except successful completion of the knowledge and skills tests.
  3. The Department shall not issue or renew a seasonal restricted commercial driver’s license and shall not revalidate the seasonal period for which such license authorizes operation of a commercial motor vehicle, unless:
    1. The applicant has not, and certifies that he has not, at any time during the two years immediately preceding the date of application:
      1. Had more than one driver’s license;
      2. Had any driver’s license or driving privilege suspended, revoked, or canceled;
      3. Had any convictions involving any kind of motor vehicle for any of the offenses listed in §§ 46.2-341.18 , 46.2-341.19 , or § 46.2-341.20 ;
      4. Been convicted of a violation of state or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident;
      5. Been convicted of any serious traffic violation, as defined in § 46.2-341.20 , whether or not committed in a commercial motor vehicle; and
  4. Such seasonal restricted license shall entitle the licensee to drive a commercial motor vehicle of the class and type designated on the license, but shall not authorize operation of a Class A vehicle.
  5. Such seasonal restricted license shall authorize operation of a commercial motor vehicle only during the seasonal period or periods prescribed by the Commissioner and stated on the license, provided the total number of calendar days in any twelve-month period for which the seasonal restricted license authorizes operation of a commercial motor vehicle shall not exceed 180.  The license is valid for operation of a commercial motor vehicle during the seasonal period or periods for which it has been validated and must be revalidated annually by the Department for each successive seasonal period or periods for which commercial vehicle operation is sought; such license shall authorize operation of noncommercial motor vehicles at any time, unless it has been suspended, revoked, or canceled, or has expired.
  6. Such seasonal restricted license shall not authorize operation of a commercial motor vehicle during any period during which the licensee is not employed by an entity described in subdivision B hereof, nor if such operation is not directly related to such employment.
  7. Such seasonal restricted license shall not authorize the licensee to operate any vehicle transporting hazardous materials as defined in this article, except that a seasonal restricted licensee may drive a vehicle transporting:
    1. Diesel fuel in quantities of 1,000 gallons or less;
    2. Liquid fertilizers to be used as plant nutrients, in a vehicle or implement of husbandry with a total capacity of 3,000 gallons or less; or
    3. Solid plant nutrients that are not transported with any organic substance.
  8. Such seasonal restricted license shall authorize the operation of a commercial motor vehicle only within 150 miles of the place of business of the licensee’s employer or the farm being served.

2. The applicant certifies and provides evidence satisfactory to the Commissioner that he is employed on a seasonal basis by a farm retail outlet or supplier, custom harvester, livestock feeder, or agri-chemical business in a job requiring the operation of a commercial motor vehicle.

History. 1993, c. 70.

§ 46.2-341.11. Commercial drivers required to notify the Department of change of address.

  1. If any person who is licensed by the Department to drive a commercial motor vehicle changes the mailing or residential address he most recently submitted to the Department, such person shall notify the Department in writing within thirty days after his change of address. If the Department receives notification from the person or any court or law-enforcement agency that a person’s residential address has changed to a non-Virginia address, the Department shall (i) mail, by first-class mail, no later than three days after the notice of address change is received by the Department, notice to the person that his commercial driver’s license will be cancelled by the Department and (ii) cancel the commercial driver’s license thirty days after notice of cancellation has been mailed.
  2. Any person who fails to notify the Department of his change of address in accord with the provisions of this subsection shall be guilty of a traffic infraction.

History. 1989, c. 705, § 46.1-372.11; 2002, cc. 767, 834.

The 2002 amendments.

The 2002 amendments by cc. 767 and 834 are identical, and added the second sentence in subsection A; and rewrote subsection B, which formerly read: “Any violation of this subsection shall constitute a traffic infraction.”

§ 46.2-341.12. Application for commercial driver’s license or commercial learner’s permit.

  1. No entry-level driver shall be eligible to (i) apply for a Virginia Class A or Class B commercial driver’s license for the first time, (ii) upgrade to a Class A or Class B commercial driver’s license for the first time, or (iii) apply for a hazardous materials, passenger, or school bus endorsement for the first time, unless he has completed an entry-level driver training course related to the license, classification, or endorsement he is applying for and the training is provided by a training provider. An individual is not required to complete an entry-level driver training course related to the license, classification, or endorsement he is applying for if he is exempted from such requirements under 49 C.F.R. § 380.603.
  2. Every application to the Department for a commercial driver’s license or commercial learner’s permit shall be made upon a form approved and furnished by the Department, and the applicant shall write his usual signature in ink in the space provided. The applicant shall provide the following information:
    1. Full legal name;
    2. Current mailing and residential addresses;
    3. Physical description including sex, height, weight, and eye and hair color;
    4. Year, month, and date of birth;
    5. Social security number;
    6. Domicile or, if not domiciled in the Commonwealth, proof of status as a member of the active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary pursuant to 49 U.S.C. § 31311(a)(12); and
    7. Any other information required on the application form.Applicants shall be permitted to choose between “male,” “female,” or “non-binary” when designating the applicant’s sex on the commercial driver’s license or commercial learner’s permit application form.The applicant’s social security number shall be provided to the Commercial Driver’s License Information System as required by 49 C.F.R. § 383.153.
  3. Every applicant for a commercial driver’s license or commercial learner’s permit shall also submit to the Department the following:
    1. A consent to release driving record information;
    2. Certifications that:
      1. He either meets the federal qualification requirements of 49 C.F.R. Parts 383 and 391, or he is exempt from or is not subject to such federal requirements;
      2. He either meets the state qualification requirements established pursuant to § 52-8.4 , or he is exempt from or is not subject to such requirements;
      3. The motor vehicle in which the applicant takes the skills test is representative of the class and, if applicable, the type of motor vehicle for which the applicant seeks to be licensed;
      4. He is not subject to any disqualification, suspension, revocation or cancellation of his driving privileges;
      5. He does not have more than one driver’s license;
  4. Every application for a commercial driver’s license shall include a photograph of the applicant supplied under arrangements made therefor by the Department in accordance with § 46.2-323 .
  5. The Department shall disqualify any commercial driver for a period of one year when the records of the Department clearly show to the satisfaction of the Commissioner that such person has made a material false statement on any application or certification made for a commercial driver’s license or commercial learner’s permit. The Department shall take such action within 30 days after discovering such falsification.
  6. The Department shall review the driving record of any person who applies for a Virginia commercial driver’s license or commercial learner’s permit, for the renewal or reinstatement of such license or permit or for an additional commercial classification or endorsement, including the driving record from all jurisdictions where, during the previous 10 years, the applicant was licensed to drive any type of motor vehicle. Such review shall include checking the photograph on record whenever the applicant or holder appears in person to renew, upgrade, transfer, reinstate, or obtain a duplicate commercial driver’s license or to renew, upgrade, reinstate, or obtain a duplicate commercial learner’s permit. If appropriate, the Department shall incorporate information from such other jurisdictions’ records into the applicant’s Virginia driving record, and shall make a notation on the applicant’s driving record confirming that such review has been completed and the date it was completed. The Department’s review shall include (i) research through the Commercial Driver License Information System established pursuant to the Commercial Motor Vehicle Safety Act and the National Driver Register Problem Driver Pointer System in addition to the driver record maintained by the applicant’s previous jurisdictions of licensure and (ii) requesting information from the Drug and Alcohol Clearinghouse in accordance with 49 C.F.R. § 382.725. This research shall be completed prior to the issuance, renewal, transfer, or reinstatement of a commercial driver’s license or additional commercial classification or endorsement.The Department shall verify the name, date of birth, and social security number provided by the applicant with the information on file with the Social Security Administration for initial issuance of a commercial learner’s permit or transfer of a commercial driver’s license from another state. The Department shall make a notation in the driver’s record confirming that the necessary verification has been completed and noting the date it was done. The Department shall also make a notation confirming that proof of citizenship or lawful permanent residency has been presented and the date it was done.
  7. Every new applicant for a commercial driver’s license or commercial learner’s permit, including any person applying for a commercial driver’s license or permit after revocation of his driving privileges, who certifies that he will operate a commercial motor vehicle in non-excepted interstate or intrastate commerce shall provide the Department with an original or certified copy of a medical examiner’s certificate prepared by a medical examiner as defined in 49 C.F.R. § 390.5. Upon receipt of an appropriate medical examiner’s certificate, the Department shall post a certification status of “certified” on the record of the driver on the Commercial Driver’s License Information System. Any new applicant for a commercial driver’s license or commercial learner’s permit who fails to comply with the requirements of this subsection shall be denied the issuance of a commercial driver’s license or commercial learner’s permit by the Department.
  8. Every existing holder of a commercial driver’s license or commercial learner’s permit who certifies that he will operate a commercial motor vehicle in non-excepted interstate or intrastate commerce shall provide the Department with an original or certified copy of a medical examiner’s certificate prepared by a medical examiner as defined in 49 C.F.R. § 390.5. Upon receipt of an appropriate medical examiner’s certificate, the Department shall post a certification status of “certified” and any other necessary information on the record of the driver on the Commercial Driver’s License Information System. If an existing holder of a commercial driver’s license fails to provide the Department with a medical certificate as required by this subsection, the Department shall post a certification status of “noncertified” on the record of the driver on the Commercial Driver’s License Information System and initiate a downgrade of his commercial driver’s license as defined in 49 C.F.R. § 383.5.
  9. Any person who provides a medical certificate to the Department pursuant to the requirements of subsections G and H shall keep the medical certificate information current and shall notify the Department of any change in the status of the medical certificate. If the Department determines that the medical certificate is no longer valid, the Department shall initiate a downgrade of the driver’s commercial driver’s license as defined in 49 C.F.R. § 383.5.
  10. If the Department receives notice that the holder of a commercial driver’s license has been issued a medical variance as defined in 49 C.F.R. § 390.5, the Department shall indicate the existence of such medical variance on the commercial driver’s license document of the driver and on the record of the driver on the Commercial Driver’s License Information System using the restriction code “V.”
  11. Any holder of a commercial driver’s license who has been issued a medical variance shall keep the medical variance information current and shall notify the Department of any change in the status of the medical variance. If the Department determines that the medical variance is no longer valid, the Department shall initiate a downgrade of the driver’s commercial driver’s license as defined in 49 C.F.R. § 383.5.
  12. Any applicant applying for a hazardous materials endorsement must comply with Transportation Security Administration requirements in 49 C.F.R. Part 1572. A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide his U.S. Citizenship and Immigration Services (USCIS) alien registration number.
  13. Notwithstanding the provisions of § 46.2-208 , the Department may release to the FMCSA medical information relating to the issuance of a commercial driver’s license or a commercial learner’s permit collected by the Department pursuant to the provisions of subsections F, G, H, I, and J.

3. Other certifications required by the Department;

4. Any evidence required by the Department to establish proof of identity, citizenship or lawful permanent residency, domicile, and social security number notwithstanding the provisions of § 46.2-328.1 and pursuant to 49 C.F.R. Part 383;

5. A statement indicating whether (i) the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years and, if so, all states that licensed the applicant and the dates he was licensed, and (ii) whether or not he has ever been disqualified, or his license suspended, revoked or canceled and, if so, the date of and reason therefor; and

6. An unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant’s most recent admittance into the United States for persons applying for a nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit.

History. 1989, c. 705, § 46.1-372.12; 2005, c. 513; 2009, c. 872; 2011, cc. 881, 889; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2019, c. 750; 2020, cc. 544, 546.

Editor’s note.

Acts 2019, c. 750, cl. 2, as amended by Acts 2020, c. 546, cl. 3 provides: “That the provision in § 46.2-341.12 relating to the Drug and Alcohol Clearinghouse shall become effective at such time as the Federal Motor Carrier Safety Administration requires the Department of Motor Vehicles to request information from the Drug and Alcohol Clearinghouse, as certified by the Secretary of Transportation.” The Virginia Code Commission has advised that only the language regarding the Drug and Alcohol Clearinghouse in subsection F is subject to this enactment clause. Effective February 7, 2022, the Secretary of Transportation made the proper certifications pursuant to Chapter 770 of the 2019 Acts of Assembly and Chapter 546 of the 2020 Acts of Assembly.

Acts 2019, c. 750, cl. 3, as amended by Acts 2020, c. 546, cl. 3 provides: “That the provisions of §§ 46.2-324.1 , 46.2-341.4 , and 46.2-341.12 , and subsection A of § 46.2-341.14 relating to eligibility for application to the Department for a Class A or Class B commercial driver’s license or a school bus, passenger, or hazardous materials endorsement, and §§ 46.2-341.14:1 , 46.2-1700 , 46.2-1708 , 46.2-1709 , 46.2-1710 , and 46.2-1711 shall become effective at such time as the Federal Motor Carrier Safety Administration has made available to the Department of Motor Vehicles the information necessary to comply with such provisions, as certified by the Secretary of Transportation.” The Virginia Code Commission has advised that only newly added subsection A and subsequent relettering of remaining subsections, are subject to this enactment clause. Effective February 7, 2022, the Secretary of Transportation made the proper certifications pursuant to Chapter 770 of the 2019 Acts of Assembly and Chapter 546 of the 2020 Acts of Assembly.

The 2005 amendments.

The 2005 amendment by c. 513 rewrote subdivision B 5 and subsection E and made a minor stylistic change.

The 2009 amendments.

The 2009 amendment by c. 872, in subdivision B 4, substituted “legal presence, residency, and social security number” for “including but not limited to a birth certificate”; and in subsection C, deleted “color” preceding “photograph of.”

The 2011 amendments.

The 2011 amendments by cc. 881 and 889 are identical, and added subsections F through J.

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are nearly identical, and inserted “or commercial driver’s instruction permit” following “commercial driver’s license” throughout the section; added the last paragraph in subsection A; in subsection E, in the first paragraph, inserted “or permit” following “such license” in the first sentence, inserted the present second sentence, and inserted “Problem Driver Pointer System” following “National Driver Register” in the next-to-last sentence and added the last paragraph; inserted “or permit” following “such license” in the first sentence of subsection F; and added subsection K.

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and in subdivision B 2 a, substituted “Parts 383 and” for “Part”; in subsection E, inserted “to renew, upgrade, reinstate, or obtain a duplicate” in the second sentence and “transfer” in the fifth sentence; in subsection F, added the second sentence, and inserted “or commercial driver’s instruction permit” twice in the last sentence; and made stylistic changes.

The 2015 amendments.

The 2015 amendment by c. 258 substituted “learner’s permit” for “driver’s instruction permit” throughout the section; added subdivision A 6; in subdivision B 4, substituted “citizenship or lawful permanent residency, domicile, and social security number notwithstanding the provisions of § 46.2-328.1 and pursuant to 49 C.F.R. Part 383” for “legal presence, residency, and social security number”; added subdivision B 6; deleted “or for drivers renewing a commercial driver’s license for the first time after July 8, 2011, who have not previously had their Social Security number information verified” at the end of the first sentence and added the last sentence; deleted “On and after January 30, 2012,” at the beginning of subsection F; deleted “On and after January 30, 2012, but no later than January 30, 2014,” from the beginning of subsection G; and made minor stylistic changes.

The 2019 amendments.

The 2019 amendment by c. 750 added subsection A; redesignated former subsections A through K as B through L, respectively; in subsection F, inserted the designation for clause (i) and inserted clause (ii); updated an internal reference; and made stylistic changes. For effective date, see Editor’s notes.

The 2020 amendments.

The 2020 amendment by c. 544 inserted the paragraph following subdivision B 7.

The 2020 amendment by c. 546 added subsection M.

§ 46.2-341.13. Disposition of fees.

Except as otherwise provided, all fees accruing under the provisions of this chapter shall be paid to and received by the Commissioner, and by him forthwith paid into the state treasury and shall be set aside as a special fund in the state treasury to be used to meet the necessary additional expenses incurred by the Department of Motor Vehicles and the Commissioner in the performance of the duties required by this article.

History. 1989, c. 705, § 46.1-372.13.

Cross references.

As to designation of commercial driver’s license skills testing examiners, see § 46.2-326.1 .

§ 46.2-341.14. Testing requirements for commercial driver’s license; behind-the-wheel and knowledge examinations.

  1. The Department shall conduct an examination of every applicant for a commercial driver’s license, which examination shall comply with the minimum federal standards established pursuant to the federal Commercial Motor Vehicle Safety Act. The examination shall be designed to test the vision, knowledge, and skills required for the safe operation of the class and type of commercial motor vehicle for which the applicant seeks a license.No skills test shall be conducted by the Department for a first-time applicant for a Class A or Class B commercial driver’s license, a passenger endorsement, or a school bus endorsement, or knowledge test for a first-time applicant for a hazardous materials endorsement, until (i) the Department has verified that the applicant has completed the appropriate entry-level driver training course administered by a training provider required for that skills or knowledge test, if the applicant is so required, or (ii) the applicant has certified that he is exempted from such requirement under § 46.2-341.12 .
  2. An applicant’s skills test shall be conducted in a vehicle that is representative of or meets the description of the class of vehicle for which the applicant seeks to be licensed. In addition, applicants who seek to be licensed to drive vehicles with air brakes, passenger-carrying vehicles, or school buses must take the skills test in a vehicle that is representative of such vehicle type. Such vehicle shall be furnished by the applicant and shall be properly licensed, inspected and insured.
  3. The Commissioner may designate such persons as he deems fit, including private or governmental entities, including comprehensive community colleges in the Virginia Community College System, to administer the knowledge and skills tests required of applicants for a commercial driver’s license. Any person so designated shall comply with all statutes and regulations with respect to the administration of such tests.The Commissioner shall require all state and third party test examiners to successfully complete a formal commercial driver’s license test examiner training course and examination before certifying them to administer commercial driver’s license knowledge and skills tests. All state and third party test examiners shall complete a refresher training course and examination every four years to maintain their commercial driver’s license test examiner certification. The refresher training course shall comply with 49 C.F.R. § 384.228. At least once every two years, the Department shall conduct covert and overt monitoring of examinations performed by state and third party commercial driver’s license test examiners.The Commissioner shall require a nationwide criminal background check of all test examiners at the time of hiring or prior to certifying them to administer commercial driver’s license testing. The Commissioner shall complete a nationwide criminal background check for any state or third party test examiners who are current examiners and who have not had a nationwide criminal background check.The Commissioner shall revoke the certification to administer commercial driver’s license tests for any test examiner who (i) does not successfully complete the required refresher training every four years or (ii) does not pass the required nationwide criminal background check. Criteria for not passing the criminal background check include but are not limited to having a felony conviction within the past 10 years or any conviction involving fraudulent activities.
  4. Every applicant for a commercial driver’s license who is required by the Commissioner to take a vision test shall either (i) appear before a license examiner of the Department of Motor Vehicles to demonstrate his visual acuity and horizontal field of vision; or (ii) submit with his application a copy of the vision examination report which was used as the basis for such examination made within 90 days of the application date by an ophthalmologist or optometrist. The Commissioner may, by regulation, determine whether any other visual tests will satisfy the requirements of this title for commercial drivers.
  5. Knowledge tests may be administered in written form, verbally, or in automated format and can be administered in a foreign language, provided no interpreter is used in administering the test.
  6. Interpreters are prohibited during the administration of the skills tests. Applicants must be able to understand and respond to verbal commands and instructions in English by a skills test examiner. Neither the applicant nor the examiner may communicate in a language other than English during the skills test.
  7. Skills tests may be administered to an applicant who has taken training in the Commonwealth at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comprehensive community college in the Virginia Community College System, or a comparable course approved by the Department or the Department of Education, and is to be licensed in another state. Such test results shall be electronically transmitted directly from the Commonwealth to the licensing state in an efficient and secure manner. The Department may charge a fee of not more than $85 to any such applicant.
  8. The Department shall accept the results of skills tests administered to applicants by any other state in fulfillment of the applicant’s testing requirements for commercial licensure in the Commonwealth.
  9. The Department may administer skills performance evaluations in accordance with its agreement with the FMCSA. Notwithstanding the provisions of § 46.2-208 , any medical information that is collected as part of the evaluation may be released to and inspected by the FMCSA.

History. 1989, c. 705, § 46.1-372.14; 2008, c. 735; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2016, c. 429; 2017, c. 232; 2019, c. 750; 2020, c. 546.

Editor’s note.

Acts 2019, c. 750, cl. 3, as amended by Acts 2020, c. 546, cl. 3 provides: “That the provisions of §§ 46.2-324.1 , 46.2-341.4 , and 46.2-341.12 , and subsection A of § 46.2-341.14 relating to eligibility for application to the Department for a Class A or Class B commercial driver’s license or a school bus, passenger, or hazardous materials endorsement, and §§ 46.2-341.14:1 , 46.2-1700 , 46.2-1708 , 46.2-1709 , 46.2-1710 , and 46.2-1711 shall become effective at such time as the Federal Motor Carrier Safety Administration has made available to the Department of Motor Vehicles the information necessary to comply with such provisions, as certified by the Secretary of Transportation.” Effective February 7, 2022, the Secretary of Transportation made the proper certifications pursuant to Chapter 770 of the 2019 Acts of Assembly and Chapter 546 of the 2020 Acts of Assembly.

The 2008 amendments.

The 2008 amendment by c. 735 added subsection F and made minor stylistic changes.

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are identical, and in subsection D, substituted “statutes and regulations” for “regulations promulgated by the Commissioner” in the last sentence of the first paragraph and added the last paragraph; substituted “a copy of the vision examination report which was used as the basis for such examination made within 90 days” for “a report of such examination made within ninety days” in the first sentence of subsection E; and added subsections G and H.

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and in subsection D, inserted “knowledge and” in the first sentence and deleted “skills” preceding “tests” at the end of the first paragraph; in the second paragraph, substituted “and third party” for “knowledge and skills,” “All state and third party” for “State,” deleted “skills” preceding “test examiners” at the end; and added the third and fourth paragraphs.

The 2015 amendments.

The 2015 amendment by c. 258 deleted subsection C, which pertained to skill test waivers prior to April 1, 1992, and redesignated former subsections D through H as C through G; added subsections H and I.

The 2016 amendments.

The 2016 amendment by c. 429, in subsection C, deleted “in his discretion” preceding “designate such persons” and inserted “including comprehensive community colleges in the Virginia Community College System”; in subsection H, substituted “the Commonwealth” for “Virginia” twice.

The 2017 amendments.

The 2017 amendment by c. 232, in subsection E, inserted “or a comprehensive community college in the Virginia Community College System” in the first and second sentences, added the last sentence in the first paragraph, inserted the second and third paragraphs; and inserted “at a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or a comprehensive community college in the Virginia Community College System, or a comparable course approved by the Department or the Department of Education” in the first sentence of subsection H.

The 2019 amendments.

The 2019 amendment by c. 750 added the second paragraph of subsection A; and added subsection J. For contingent effective date, see Editor’s note.

The 2020 amendments.

The 2020 amendment by c. 546 deleted subsection E and redesignated accordingly, and added subsection J. For contingent effective date, see Editor’s note.

§ 46.2-341.14:01. Military third party testers and military third party examiners; substitute for knowledge and driving skills tests for drivers with military commercial motor vehicle experience.

  1. Pursuant to § 46.2-341.14 , the Commissioner may permit military bases that have entered into an agreement with the Department to serve as third party testers in administering state knowledge and skills tests for issuing commercial driver’s licenses. Military third party testers and military third party examiners shall comply with the requirements set forth in §§ 46.2-341.14 :1 through 46.2-341.14:9 with respect to knowledge and skills tests.
  2. Pursuant to 49 C.F.R. § 383.77, the Commissioner may waive the driving skills test required by 49 C.F.R. § 383.23 and as specified in 49 C.F.R. § 383.113 for a commercial motor vehicle driver with military commercial motor vehicle experience who is currently licensed at the time of his application for a commercial driver’s license and substitute an applicant’s driving record in combination with certain driving experience for the skills test.
  3. To obtain a skills test waiver, the following conditions and limitations must be met:
    1. An applicant must certify that, during the two-year period immediately prior to applying for a commercial driver’s license, he:
      1. Has not simultaneously held more than one license except for a military license;
      2. Has not had any license suspended, revoked, canceled, or disqualified;
      3. Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in this article;
      4. Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in this article; and
      5. Has not had any conviction for a violation of military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic crash and has no record of a crash in which he was at fault; and
  4. The Commissioner may waive the knowledge test for certain current or former military service members applying for a commercial learner’s permit or commercial driver’s license as permitted by 49 C.F.R. § 383.77, provided that such current or former military service member meets the conditions and limitations provided by 49 C.F.R. § 383.77.
  5. The Commissioner may waive the knowledge test and driving skills test for certain current or former military service members applying for certain endorsements as permitted by 49 C.F.R. § 383.77, provided that such current or former military service member meets the conditions and limitations provided by 49 C.F.R. § 383.77.

2. An applicant must provide evidence and certify that he:

a. Is regularly employed or was regularly employed within the last year or any other period authorized by the FMCSA in a military position requiring operation of a commercial motor vehicle;

b. Was exempted from the commercial driver’s license requirements in 49 C.F.R. § 383.3(c); and

c. Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates, or expects to operate, for at least the two years immediately preceding discharge from the military.

History. 2014, cc. 77, 803; 2019, cc. 161, 750; 2020, c. 546.

The 2019 amendments.

The 2019 amendments by cc. 161 and 750 are identical, and in subsection B, substituted “Commissioner shall waive the driving skills test required by 49 C.F.R. § 383.23 and” for “Commissioner may waive the driving skills test”; in subdivision C 1 a, substituted “simultaneously held” for “had”; in subdivision C 2 a, substituted “year” for “90 days”; and added subsections D and E.

The 2020 amendments.

The 2020 amendment by c. 546, substituted “may” for “shall” wherever it occurs except in “shall comply” in the last sentence of subsection A.

§ 46.2-341.14:1. Requirements for third party testers.

  1. Pursuant to § 46.2-341.14 , third party testers will be authorized to issue skills test certificates, which will be accepted by the Department as evidence of satisfaction of the skills test component of the commercial driver’s license examination. Authority to issue skills test certificates will be granted only to third party testers certified by the Department.
  2. To qualify for certification, a third party tester shall:
    1. Make application to and enter into an agreement with the Department as provided in § 46.2-341.14:3 ;
    2. Maintain a place of business in the Commonwealth;
    3. Have at least one certified third party examiner in his employ;
    4. Ensure that all third party examiners in his employ are certified and comply with the requirements of §§ 46.2-341.14:2 and 46.2-341.14:7 ;
    5. Permit the Department and the FMCSA of the U.S. Department of Transportation to conduct random examinations, inspections, and audits of its records, facilities, and operations that relate to the third party testing program without prior notice;
    6. Maintain at the principal place of business a copy of the state certificate authorizing the third party tester to administer a commercial driver’s license testing program and current third party agreement;
    7. Maintain at a location in the Commonwealth, for a minimum of two years after a skills test is conducted, a record of each driver for whom the third party tester conducts a skills test, whether the driver passes or fails the test. Each such record shall include:
      1. The complete name of the driver;
      2. The driver’s social security number or other driver’s license number and the name of the state or jurisdiction that issued the license held by the driver at the time of the test;
      3. The date the driver took the skills test;
      4. The test score sheet or sheets showing the results of the skills test and a copy of the skills test certificate, if issued;
      5. The name and certification number of the third party examiner conducting the skills test; and
      6. Evidence of the driver’s employment with the third party tester at the time the test was taken, unless the third party tester is a governmental entity, including a comprehensive community college in the Virginia Community College System, that tests drivers who are not employed by that governmental entity, or a Class A driver training school certified as a third party tester pursuant to § 46.2-326 . If the third party tester is a governmental entity that tests drivers who are not employed by that governmental entity, the third party tester shall maintain evidence that the driver was employed by a governmental entity or enrolled in a commercial driver training course offered by a community college at the time the test was taken. If the testing entity is a Class A driver training school certified as a third party tester pursuant to § 46.2-326 .1, the third party tester shall maintain evidence that the driver was a student enrolled in that Class A driver training school at the time the test was taken. If the driver was trained or employed by a school board, the third party tester shall maintain evidence that the driver was trained in accordance with the Virginia School Bus Driver Training Curriculum Guide;
  3. In addition to the requirements listed in subsection B, all third party testers who are not governmental entities, including a comprehensive community college in the Virginia Community College System, shall:
    1. Be engaged in a business involving the use of commercial motor vehicles, which business has been in operation in the Commonwealth for a minimum of one year;
    2. For employers that are testing their own employees, employ at least 50 drivers of commercial motor vehicles licensed in the Commonwealth during the 12-month period preceding the application, including part-time and seasonal drivers. This requirement may be waived by the Department pursuant to § 46.2-341.14:10 ;
    3. If subject to the FMCSA regulations as a motor carrier and rated by the U.S. Department of Transportation, maintain a rating of “satisfactory”;
    4. Comply with the Virginia Motor Carrier Safety Regulations; and
    5. Initiate and maintain a bond in the amount of $5,000 to pay for retesting drivers in the event that the third party tester or one or more of its examiners are involved in fraudulent activities related to conducting knowledge or skills testing for applicants.
  4. Certified third party testers are authorized to provide entry-level driver training to any individual to whom the third party tester would be permitted to administer a skills test pursuant to this article. If a certified third party tester elects to provide entry-level driver training, the third party tester shall (i) employ and utilize third party instructors, as defined in § 46.2-341.4 , to provide all training and instruction to entry-level driver trainees; (ii) develop an entry-level driver training curriculum that complies with requirements prescribed by the Department and submit such curriculum to the Department for approval; (iii) upon notification by the Department that curriculum requirements have been updated, certify, in a format prescribed by the Department, that the third party tester has added the new topics to the course curriculum; and (iv) comply with the requirements provided in §§ 46.2-1708 through 46.2-1710 . Notwithstanding the provisions of § 46.2-1708 , no third party tester or third party instructor shall be required to be licensed by the Department. A certified third party tester may not provide entry-level driver training to driver trainees until such tester has been issued a unique training provider number and appears on the federal Training Provider Registry.

8. Maintain at a location in the Commonwealth a record of each third party examiner in the employ of the third party tester. Each record shall include:

a. Name and social security number;

b. Evidence of the third party examiner’s certification by the Department;

c. A copy of the third party examiner’s current training and driving record, which must be updated annually;

d. Evidence that the third party examiner is an employee of the third party tester; and

e. If the third party tester is a school board, a copy of the third party examiner’s certification of instruction issued by the Department of Education;

9. Retain the records required in subdivision 8 for at least two years after the third party examiner leaves the employ of the third party tester;

10. Ensure that skills tests are conducted, and that skills test certificates are issued in accordance with the requirements of §§ 46.2-341.14:8 and 46.2-341.14:9 and the instructions provided by the Department;

11. Maintain compliance with all applicable provisions of this article and the third party tester agreement executed pursuant to § 46.2-341.14:3 ; and

12. Maintain a copy of the third party tester’s road test route or routes approved by the Department.

History. 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2016, c. 429; 2019, cc. 78, 155, 750; 2022, cc. 60, 139, 292.

Editor’s note.

Acts 2019, cc. 78 and 155, cl. 2 provides: “That the provisions of this act shall become effective on October 1, 2019.”

Acts 2019, cc. 78 and 155, cl. 3 provides: “That the Commissioner of the Department of Motor Vehicles shall report to the Chairmen of the House and Senate Committees on Transportation by December 1, 2021, (i) regarding the wait times for commercial driver’s licenses and the growth of third party testing in the Commonwealth and (ii) on infractions incurred by holders of a Virginia commercial driver’s license while driving a commercial motor vehicle, aggregated by the type of tester, beginning after the implementation of this act.”

Acts 2019, c. 750, cl. 3, as amended by Acts 2020, c. 546, cl. 3 provides: “That the provisions of §§ 46.2-324.1 , 46.2-341.4 , and 46.2-341.12 , and subsection A of § 46.2-341.14 relating to eligibility for application to the Department for a Class A or Class B commercial driver’s license or a school bus, passenger, or hazardous materials endorsement, and §§ 46.2-341.14:1 , 46.2-1700 , 46.2-1708 , 46.2-1709 , 46.2-1710 , and 46.2-1711 shall become effective at such time as the Federal Motor Carrier Safety Administration has made available to the Department of Motor Vehicles the information necessary to comply with such provisions, as certified by the Secretary of Transportation.” Effective February 7, 2022, the Secretary of Transportation made the proper certifications pursuant to Chapter 770 of the 2019 Acts of Assembly and Chapter 546 of the 2020 Acts of Assembly.

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and in subdivision B 5, substituted “conduct random examinations, inspections, and audits of its” for “examine” and “without prior notice” for “and to audit his testing program,” inserted “facilities, and operations,” and made a minor stylistic change; deleted “skills” following “license” in subdivision B 6; in subdivision B 8 c, inserted “training and”; and added subdivision B 12 and made related changes.

The 2015 amendments.

The 2015 amendment by c. 258 added subdivision C 5 and made related changes.

The 2016 amendments.

The 2016 amendment by c. 429 substituted “the Commonwealth” for “Virginia” in subdivisions B 2 and C 1; substituted “location in the Commonwealth” for “Virginia location” in subdivisions B 7 and 8; added subdivision B 7 g and made related changes; deleted “Virginia” preceding “Department” in subdivision B 8 e; inserted “including a comprehensive community college in the Virginia Community College System” in the introductory paragraph of subsection C; and substituted “75 drivers of commercial motor vehicles licensed in the Commonwealth” for “75 Virginia licensed drivers of commercial motor vehicles” in subdivision C 2.

The 2019 amendments.

The 2019 amendments by cc. 78 and 155 are identical, effective October 1, 2019, and combined former subdivision B 7 f and B 7 g by inserting the clause (i) and substituting the clause (ii) designation for “g. Notwithstanding the provisions of subdivision f, evidence of,” inserting “or Class A driver training school” and deleting “if the third party tester is a comprehensive community college in the Virginia Community College System” at the end; in subdivision C 2, inserted “For employers that are testing their own employees” and substituted “75 drivers” for “50 drivers”; in subdivision C 3, inserted “as a motor carrier”; and made stylistic changes.

The 2019 amendment by c. 750 added subsection D; and made stylistic changes. For contingent effective date, see Editor’s note.

The 2022 amendments.

The 2022 amendment by c. 60 rewrote subdivision B 7 f, which read: “Evidence of (i) the driver’s employment with the third party tester at the time the test was taken, or if the third party tester is a school board that tests drivers who are trained but not employed by the school board, evidence that (a) the driver was employed by a school board at the time of the test and (b) the third party tester trained the driver in accordance with the Virginia School Bus Driver Training Curriculum Guide, or (ii) the student’s enrollment in a commercial driver training course offered by a community college or Class A driver training school at the time the test was taken”; and substituted “any individual to whom the third party tester would be permitted to administer a skills test pursuant to this article” for “individuals in their employ or applicants for employment” in subsection D.

The 2022 amendments by cc. 139 and 292 are nearly identical, and rewrote subdivision B 7 f, which read: “Evidence of (i) the driver’s employment with the third party tester at the time the test was taken, or if the third party tester is a school board that tests drivers who are trained but not employed by the school board, evidence that (a) the driver was employed by a school board at the time of the test and (b) the third party tester trained the driver in accordance with the Virginia School Bus Driver Training Curriculum Guide, or (ii) the student’s enrollment in a commercial driver training course offered by a community college or Class A driver training school at the time the test was taken”; and substituted “any individual to whom the third party tester would be permitted to administer a skills test pursuant to this article” for “individuals in their employ or applicants for employment” in subsection D.

§ 46.2-341.14:2. Requirements for third party examiners.

  1. Third party examiners may be certified to conduct skills tests on behalf of only one third party tester at any given time. If a third party examiner leaves the employ of a third party tester, he must be recertified in order to conduct skills tests on behalf of a new third party tester.
  2. To qualify for certification as a third party examiner, an individual must:
    1. Make application to the Department as provided in § 46.2-341.14:3 and pass the required nationwide criminal background check;
    2. Be an employee of the third party tester;
    3. Possess a valid Virginia commercial driver’s license with the classification and endorsements required for operation of the class and type of commercial motor vehicle used in skills tests conducted by the examiner;
    4. Satisfactorily complete any third party examiner training course required by the Department;
    5. Within three years prior to application, have had no driver’s license suspensions, revocations, or disqualifications;
    6. At the time of application, have no more than six demerit points on his driving record and not be on probation under the Virginia Driver Improvement Program;
    7. Within three years prior to application, have had no conviction for any offense listed in § 46.2-341.18 or 46.2-341.19 , whether or not such offense was committed in a commercial motor vehicle;
    8. If the examiner is employed by a school board, be certified by the Virginia Department of Education as a school bus training instructor;
    9. Conduct skills tests on behalf of the third party tester in accordance with this article and in accordance with current instructions provided by the Department; and
    10. Successfully complete a training course and examination every four years to maintain the commercial driver’s license test examiner certification.

History. 2013, cc. 165, 582; 2014, cc. 77, 803.

Cross references.

As to designation of commercial driver’s license skills testing examiners, see § 46.2-326.1 .

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and in subdivision B 1, inserted “and pass the required nationwide criminal background check.”

§ 46.2-341.14:3. Application for certification by the Department.

  1. Application for third party tester certification.
    1. An applicant for certification shall provide the following information in a format prescribed by the Department:
      1. Name, address, and telephone number of principal office or headquarters;
      2. Name, title, address, and telephone number of an individual in the Commonwealth who has been designated to be the applicant’s contact person with the Department;
      3. Description of the vehicle fleet owned or leased by the applicant, including the number of commercial motor vehicles by class and type;
      4. Classes and types of commercial motor vehicles for which the applicant seeks to be certified as a third party tester;
      5. Total number of drivers licensed in the Commonwealth employed during the preceding 12 months to operate commercial motor vehicles and the number of such drivers who are full time, part time, and seasonal. However, this provision shall not apply to a comprehensive community college in the Virginia Community College System certified as a third party tester for the purposes of administering tests to students enrolled in a commercial driver training course offered by such community college;
      6. Name, driver’s license number, and home address of each employee who is to be certified as a third party examiner. If any employee has previously been certified as an examiner by the Department, the examiner’s certification number;
      7. The address of each location in the Commonwealth where the third party tester intends to conduct skills tests and a map, drawing, or written description of each driving course that satisfies the Department’s requirements for a skills test course;
      8. If the applicant is not a governmental entity, including a comprehensive community college in the Virginia Community College System, it shall also provide: (i) a description of the applicant’s business and length of time in business in the Commonwealth; (ii) if subject to the FMCSA regulations, the applicant’s Interstate Commerce Commission number or U.S. Department of Transportation number and rating; and (iii) the applicant’s State Corporation Commission number; and
      9. Any other relevant information required by the Department.
  2. Application for third party examiner certification.
    1. An applicant for certification shall provide the following information in a format prescribed by the Department:
      1. Name, home, and business addresses and telephone numbers;
      2. Driver’s license number;
      3. Name, address, and telephone number of the principal office or headquarters of the applicant’s employer, who has applied for and received certification as a third party tester;
      4. Job title and description of duties and responsibilities;
      5. Length of time employed by present employer. If less than two years, list previous employer, address, and telephone number;
      6. Present employer’s recommendation of the applicant for certification;
      7. A list of the classes and types of vehicles for which the applicant seeks certification to conduct skills tests; and
      8. Any other relevant information required by the Department.
  3. Evaluation of applicant by the Department.
    1. The Department will evaluate the materials submitted by the third party tester applicant, and, if the application materials are satisfactory, the Department will schedule an onsite inspection and audit of the applicant’s third party testing program to complete the evaluation.
    2. The Department will evaluate the materials submitted by the third party examiner applicant as well as the applicant’s driving record. If the application materials and driving record are satisfactory, the Department will schedule the applicant for third party examiner training. Training may be waived if the applicant is seeking recertification only because he has changed employers.
    3. No more than two applications will be accepted from any one third party tester or examiner applicant in any 12-month period, excluding applications for recertification because of a change in employers.

2. An applicant for certification shall also execute an agreement in a format prescribed by the Department in which the applicant agrees, at a minimum, to comply with the regulations and instructions of the Department for third party testers, including audit procedures, and agrees to hold the Department harmless from liability resulting from the third party tester’s administration of its commercial driver’s license skills test program.

History. 2013, cc. 165, 582; 2016, c. 429.

Cross references.

As to designation of commercial driver’s license skills testing examiners, see § 46.2-326.1 .

The 2016 amendments.

The 2016 amendment by c. 429, in subdivisions A 1 b and A 1 h, substituted “the Commonwealth” for “Virginia”; in subdivision A 1 e, substituted “drivers licensed in the Commonwealth” for “Virginia licensed drivers” and added the last sentence; in subdivision A 1 g, substituted “location in the Commonwealth” for “Virginia location”; and in subdivision A 1 h, inserted “including a comprehensive community college in the Virginia Community College System.”

§ 46.2-341.14:4. Certification by the Department.

  1. Upon successful application and evaluation, a third party tester will be issued a letter or certificate that will evidence his authority to administer a third party testing program and issue skills test certificates for the classes and types of vehicles listed.
  2. Upon successful application, evaluation, and training, a third party examiner will be issued a letter or certificate that will evidence his authority to conduct skills tests for the classes and types of commercial motor vehicles listed.
  3. Certification will remain valid until canceled by the Department or voluntarily relinquished by the third party tester or examiner.

History. 2013, cc. 165, 582.

§ 46.2-341.14:5. Terminating certification of third party tester or examiner.

  1. Any third party tester or examiner may relinquish certification upon 30 days’ notice to the Department. Relinquishment of certification by a third party tester or examiner shall not release such tester or examiner from any responsibility or liability that arises from his activities as a third party tester or examiner.
  2. The Department reserves the right to cancel the third party testing program established by this article, in its entirety.
  3. The Department shall revoke the skills testing certification of any examiner:
    1. Who does not conduct skills test examinations of at least 10 different applicants per calendar year. However, examiners who do not meet the 10-test minimum must either take a refresher commercial driver’s license training that complies with 49 C.F.R. § 384.228 or have a Department examiner ride along to observe the third party examiner successfully administer at least one skills test; or
    2. Who does not successfully complete the required refresher training every four years pursuant to 49 C.F.R. § 384.228.
  4. The Department may cancel the certification of an individual third party tester or examiner upon the following grounds:
    1. Failure to comply with or satisfy any of the provisions of this article, federal standards for the commercial driver’s license testing program, the Department’s instructions, or the third party tester agreement;
    2. Falsification of any record or information relating to the third party testing program;
    3. Commission of any act that compromises the integrity of the third party testing program; or
    4. Failure to pass the required nationwide criminal background check. Criteria for not passing the criminal background check include but are not limited to having a felony conviction within the past 10 years or any conviction involving fraudulent activities.
  5. If the Department determines that grounds for cancellation exist for failure to comply with or satisfy any of the requirements of this chapter or the third party tester agreement, the Department may postpone cancellation and allow the third party tester or examiner 30 days to correct the deficiency.

History. 2013, cc. 165, 582; 2014, cc. 77, 803.

Cross references.

As to designation of commercial driver’s license skills testing examiners, see § 46.2-326.1 .

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and added subdivision D 4 and made minor stylistic changes.

§ 46.2-341.14:6. Onsite inspections and audits.

  1. Each applicant for certification as a third party tester shall permit the Department or FMCSA to conduct random examinations, inspections, and audits of its operations, facilities, and records as they relate to its third party testing program, for the purpose of determining whether the applicant is qualified for certification. Each person who has been certified as a third party tester shall permit the Department to periodically inspect and audit his third party testing program to determine whether it remains in compliance with certification requirements.
  2. The Department or FMCSA will perform its random examinations, inspections, and audits of third party testers during regular business hours with or without prior notice to the third party tester.
  3. Inspections and audits of third party testers will occur at a minimum once every two years and include, at a minimum, an examination of:
    1. Records relating to the third party testing program;
    2. Evidence of compliance with the FMCSA regulations and Virginia Motor Carrier Safety Regulations;
    3. Skills testing procedures, practices, and operations;
    4. Vehicles used for testing;
    5. Qualifications of third party examiners;
    6. Effectiveness of the skills test program by either (i) testing a sample of drivers who have been issued skills test certificates by the third party tester to compare pass/fail results, (ii) having Department employees covertly take the skills tests from a third party examiner, or (iii) having Department employees co-score along with the third party examiner during commercial driver’s license applicant’s skills tests to compare pass/fail results;
    7. A comparison of the commercial driver’s license skills test results of applicants who are issued commercial driver’s licenses with the commercial driver’s license scoring sheets that are maintained in the third party testers’ files; and
    8. Any other aspect of the third party tester’s operation that the Department determines is necessary to verify that the third party tester meets or continues to meet the requirements for certification.
  4. The Department will prepare a written report of the results of each inspection and audit of third party testers. A copy of the report will be provided to the third party tester.

History. 2013, cc. 165, 582; 2014, cc. 77, 803.

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and in subsection A, inserted “or FMCSA,” substituted “inspections, and audits” for “and to inspect and audit”; and in subsection B, inserted “or FMCSA.”

§ 46.2-341.14:7. Notification requirements.

  1. Every third party tester shall:
    1. Notify the Department in a format prescribed by the Department within 10 days of any change in:
      1. The third party tester’s name or address; or
      2. The third party examiners who are employed by the third party tester.
      3. Any third party examiner fails to comply with any of the requirements set forth in this article.
  2. Every third party examiner shall notify the Department, within 10 days after leaving the employ of the third party tester, of his change in employment.

2. Notify the Department in a format prescribed by the Department within 10 days of any of the following occurrences:

a. The third party tester ceases business operations in Virginia;

b. The third party tester fails to comply with any of the requirements set forth in this article; or

3. Notify the Department of any proposed change in the skills test route at least 30 days before the third party tester plans to change the route.

History. 2013, cc. 165, 582.

§ 46.2-341.14:8. Test administration.

  1. Skills tests shall be conducted strictly in accordance with the provisions of this article and with current test instructions provided from time to time by the Department. Such instructions will include test forms and directions for completing such forms.
  2. Skills tests shall be conducted:
    1. On test routes that are located at least in part in Virginia and have been approved by the Department;
    2. In a vehicle that is representative of the class and type of vehicle for which the commercial driver’s license applicant seeks to be licensed and for which the third party tester and third party examiner are certified to test; and
    3. In vehicles that are inspected, licensed, and insured, as required by law.
  3. All third party testers shall submit a skills test schedule of commercial driver’s license skills testing appointments to the Department no later than two business days prior to each test.
  4. All third party testers shall notify the Department through secure electronic means when a driver applicant passes skills tests.

History. 2013, cc. 165, 582.

§ 46.2-341.14:9. The skills test certificate; validity of results.

  1. The Department will accept a skills test certificate issued in accordance with this section as satisfaction of the skills test component of the commercial driver’s license examination.
  2. Skills test certificates may be issued only to drivers who have passed the skills test conducted in accordance with this chapter and the instructions issued by the Department.
  3. A skills test certificate will be accepted by the Department only if it is:
    1. Issued by a third party tester certified by the Department in accordance with this article;
    2. In a format prescribed by the Department, completed in its entirety, without alteration; and
    3. Signed by the third party examiner who conducted the skills test.
  4. The results of the skills test shall be valid for six months following the completion of the test.

History. 2013, cc. 165, 582; 2016, c. 429; 2022, cc. 60, 139, 292.

The 2016 amendments.

The 2016 amendment by c. 429 added the last sentence in subsection B.

The 2022 amendments.

The 2022 amendment by c. 60 deleted former subsection B, which read: “Skills test certificates may be issued only to drivers who are employees of the third party tester who issues the certificate, except as otherwise provided herein. In the case of school boards certified as third party testers, certificates may be issued to employees and to other drivers who have been trained by the school board in accordance with the Virginia School Bus Driver Training Curriculum Guide. For comprehensive community colleges in the Virginia Community College System that are certified as third party testers, certificates may be issued to students who are enrolled in a commercial driver training course offered by such community college at the time of the test”; deleted former subdivision D 3, which read: “Submitted to the Department within 60 days of the date of the skills test”; added current subsection D; redesignated accordingly; and made a stylistic change.

The 2022 amendments by cc. 139 and 292 are identical, and deleted former subsection B, which read: “Skills test certificates may be issued only to drivers who are employees of the third party tester who issues the certificate, except as otherwise provided herein. In the case of school boards certified as third party testers, certificates may be issued to employees and to other drivers who have been trained by the school board in accordance with the Virginia School Bus Driver Training Curriculum Guide. For comprehensive community colleges in the Virginia Community College System that are certified as third party testers, certificates may be issued to students who are enrolled in a commercial driver training course offered by such community college at the time of the test”; deleted former subdivision D 3, which read: “Submitted to the Department within 60 days of the date of the skills test”; redesignated accordingly; added current subsection D; and made stylistic changes.

§ 46.2-341.14:10. Waiver of requirement that third party tester applicant employ 50 drivers.

  1. Any applicant for certification as third party tester may submit with his application a request for a waiver of the requirement that the third party tester employ at least 50 drivers within the 12-month period preceding the application.Such request shall include the following:
    1. A statement of need. This statement should explain why the applicant should be certified as a third party tester. The statement should also include reasons why the testing facilities or programs offered by the Department will not meet the applicant’s business requirements.
    2. An estimate of the number of employees per year who will require commercial driver’s license skills testing after April 1, 1992. If the waiver request is filed prior to April 1, 1992, the request should also include an estimate of the number of employees who will require skills testing prior to that date.
  2. The Department will review the applicant’s waiver request and will evaluate the Department’s testing and third party monitoring resources. The Department will decide whether to grant the waiver request after balancing the stated needs of the applicant and the available resources of the Department. The Department will notify the applicant in writing of its decision.

History. 2013, cc. 165, 582; 2019, cc. 78, 155.

Editor’s note.

Acts 2019, cc. 78 and 155, cl. 2 provides: “That the provisions of this act shall become effective on October 1, 2019.”

Acts 2019, cc. 78 and 155, cl. 3 provides: “That the Commissioner of the Department of Motor Vehicles shall report to the Chairmen of the House and Senate Committees on Transportation by December 1, 2021, (i) regarding the wait times for commercial driver’s licenses and the growth of third party testing in the Commonwealth and (ii) on infractions incurred by holders of a Virginia commercial driver’s license while driving a commercial motor vehicle, aggregated by the type of tester, beginning after the implementation of this act.”

The 2019 amendments.

The 2019 amendments by cc. 78 and 155 are identical, effective October 1, 2019, and in subsection A, substituted “50 drivers” for “75 drivers.”

§ 46.2-341.15. Commercial driver’s license and commercial learner’s permit document.

  1. The commercial driver’s license issued by the Department shall be identified as a Virginia commercial driver’s license and shall include at least the following:
    1. Full name, a Virginia address, and signature of the licensee;
    2. A photograph of the licensee;
    3. A physical description of the licensee, including sex and height;
    4. The licensee’s date of birth and license number that shall be assigned by the Department to the licensee and shall not be the same as the licensee’s Social Security number;
    5. A designation of the class and type of commercial motor vehicle or vehicles which the licensee is authorized to drive, together with any restrictions; and
    6. The date of license issuance and expiration.
  2. The commercial learner’s permit shall be identified as such but shall in all other respects conform to subsection A of this section. A commercial learner’s permit shall also contain a statement that the permit is invalid unless accompanied by the underlying driver’s license.
  3. A nondomiciled commercial driver’s license or a nondomiciled commercial learner’s permit shall contain the word “nondomiciled” on the face of the document.

History. 1989, c. 705, § 46.1-372.15; 2002, cc. 767, 834; 2008, c. 190; 2009, c. 872; 2013, cc. 165, 582; 2015, c. 258.

The 2002 amendments.

The 2002 amendments by cc. 767 and 834 are identical, and inserted “a Virginia” preceding “address” in subdivision A 1.

The 2008 amendments.

The 2008 amendment by c. 190 rewrote subdivision A 4, which read: “The licensee’s date of birth and social security number.”

The 2009 amendments.

The 2009 amendment by c. 872 deleted “color” preceding “photograph of” in subdivision A 2.

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are identical, and added the last sentence in subsection B.

The 2015 amendments.

The 2015 amendment by c. 258 substituted “learner’s permit” for “driver’s instruction permit” twice in subsection B and added subsection C.

§ 46.2-341.16. Vehicle classifications, restrictions, and endorsements.

  1. A commercial driver’s license or commercial learner’s permit shall authorize the licensee or permit holder to operate only the classes and types of commercial motor vehicles designated thereon. The classes of commercial motor vehicles for which such license may be issued are:
    1. Class A-Combination heavy vehicle. — Any combination of vehicles with a gross combination weight rating of 26,001 or more pounds, provided the gross vehicle weight rating of the vehicles being towed is in excess of 10,000 pounds;
    2. Class B-Heavy straight vehicle or other combination. — Any single motor vehicle with a gross vehicle weight rating of 26,001 or more pounds, or any such vehicle towing a vehicle with a gross vehicle weight rating that is not in excess of 10,000 pounds; and
    3. Class C-Small vehicle. — Any vehicle that does not fit the definition of a Class A or Class B vehicle and is either (i) designed to transport 16 or more passengers including the driver or (ii) is used in the transportation of hazardous materials.
  2. Commercial driver’s licenses shall be issued with endorsements authorizing the driver to operate the types of vehicles identified as follows:
    1. Type T-Vehicles with double or triple trailers;
    2. Type P-Vehicles carrying passengers;
    3. Type N-Vehicles with cargo tanks;
    4. Type H-Vehicles required to be placarded for hazardous materials;
    5. Type S-School buses carrying 16 or more passengers, including the driver;
    6. Type X-combination of tank vehicle and hazardous materials endorsements for commercial driver’s licenses issued on or after July 1, 2014; and
    7. At the discretion of the Department, any additional codes for groupings of endorsements with an explanation of such code appearing on the front or back of the license.
  3. Commercial driver’s licenses shall be issued with restrictions limiting the driver to the types of vehicles identified as follows:
    1. L for no air brake equipped commercial motor vehicles for licenses issued on or after July 1, 2014. An applicant is restricted from operating a commercial motor vehicle with any type of air brake if he does not take or fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes;
    2. Z for no full air brake equipped commercial motor vehicles. If an applicant performs the skills test in a vehicle equipped with air over hydraulic brakes, the applicant is restricted from operating a commercial motor vehicle equipped with any braking system operating fully on the air brake principle;
    3. E for no manual transmission equipped commercial motor vehicles for commercial driver’s licenses issued on or after July 1, 2014;
    4. O for no tractor-trailer commercial motor vehicles;
    5. M for no class A passenger vehicles;
    6. N for no class A and B passenger vehicles;
    7. K for vehicles not equipped with air brakes for commercial driver’s licenses issued before July 1, 2014. An applicant is restricted from operating a commercial motor vehicle with any type of air brakes if he does not take or fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes;
    8. K for intrastate only for commercial driver’s licenses issued on or after July 1, 2014;
    9. V for medical variance; and
    10. At the discretion of the Department, any additional codes for groupings of restrictions with an explanation of such code appearing on the front or back of the license.
  4. Commercial learner’s permits shall be issued with endorsements authorizing the driver to operate the types of vehicles identified as follows:
    1. Type P-Vehicles carrying passengers as provided in § 46.2-341.10 ;
    2. Type N-Vehicles with cargo tanks as provided in § 46.2-341.10 ; and
    3. Type S-School buses carrying 16 or more passengers, including the driver as provided in § 46.2-341.10.
  5. Commercial learner’s permits shall be issued with restrictions limiting the driver to the types of vehicles identified as follows:
    1. P for no passengers in commercial motor vehicles bus;
    2. X for no cargo in commercial motor vehicles tank vehicle;
    3. L for no air brake equipped commercial motor vehicles for commercial learner’s permits issued on or after July 1, 2014. An applicant is restricted from operating a commercial motor vehicle with any type of air brake if he does not take or fails the air brake component of the knowledge test;
    4. M for no class A passenger vehicles;
    5. N for no class A and B passenger vehicles;
    6. K for vehicles not equipped with air brakes for commercial learner’s permits issued before July 1, 2014. An applicant is restricted from operating a commercial motor vehicle with any type of air brake if he does not take or fails the air brake component of the knowledge test;
    7. K for intrastate only for commercial learner’s permits issued on or after July 1, 2014;
    8. V for medical variance; and
    9. Any additional jurisdictional restrictions that apply to the commercial learner’s permit.
  6. Persons authorized to drive Class A vehicles are also authorized to drive Classes B and C vehicles, provided such persons possess the requisite endorsements for the type of vehicle driven.
  7. Persons authorized to drive Class B vehicles are also authorized to drive Class C vehicles, provided such persons possess the requisite endorsements for the type of vehicle driven.
  8. Any licensee who seeks to add a classification or endorsement to his commercial driver’s license must submit the application forms, certifications and other updated information required by the Department and shall take and successfully complete the tests required for such classification or endorsement.
  9. If any endorsement to a commercial driver’s license is canceled by the Department and the licensee does not appear in person at the Department to have such endorsement removed from the license, then the Department may cancel the commercial driver’s license of the licensee.

History. 1989, c. 705, § 46.1-372.15:1; 1990, c. 218; 2006, c. 226; 2012, cc. 22, 111; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258.

The 2006 amendments.

The 2006 amendment by c. 226 added subdivision B 6 and made related changes.

The 2012 amendments.

The 2012 amendments by cc. 22 and 111 are identical, and added subsection F.

The 2013 amendments.

The 2013 amendments by cc. 165 and 582 are identical, and in the first sentence of the introductory paragraph in subsection A, inserted “or commercial driver’s instruction permit” and “or permit holder”; in the introductory paragraph of subsection B, deleted “and restrictions” following “endorsements” and “or restricting the driver to” following “driver to operate,” deleted former subdivision B 5, which read: “Type K-Vehicles not equipped with air brakes; and,” redesignated former subdivision B 6 as present subdivision B 5, and added subdivisions B 6 and B 7; added present subsections C through E; and redesignated former subsections C through F as present subsections F through I.

The 2014 amendments.

The 2014 amendments by cc. 77 and 803 are identical, and in subdivisions C 1, C 2, C 7, E 3 and E 6, added the second sentence.

The 2015 amendments.

The 2015 amendment by c. 258 substituted “learner’s permit” for “driver’s instruction permit” in throughout the section.

§ 46.2-341.16:1. Conformance with requirements of U.S.A. Patriot Act of 2001.

  1. Notwithstanding any other provision of this title, no endorsement authorizing the driver to operate a vehicle transporting hazardous materials shall be issued, renewed, or reissued by the Department unless the endorsement is issued, renewed, or reissued in conformance with the requirements of § 1012 of the U.S.A. Patriot Act of 2001, including all amendments thereto, and the federal regulation promulgated thereunder, for the issuance by the states of licenses to operate motor vehicles transporting hazardous materials, and the Department has received notification from the U.S. Secretary of Transportation or the U.S. Transportation Security Administration, if required by the U.S.A. Patriot Act 2001 (49 U.S.C. § 5103a et seq.) and federal regulations, that the applicant does not pose a security threat warranting denial of such endorsement. Further, the Department shall cancel any existing endorsement authorizing a driver to operate a vehicle transporting hazardous materials if it has received notification that the holder of such endorsement does not meet the standards for security threat assessment established by the U.S. Transportation Security Administration.
  2. Notwithstanding the provisions of § 46.2-330 , a Virginia commercial driver’s license with a hazardous materials endorsement shall be issued so that it expires no later than five years from its date of issuance, and it may be issued for a period of less than three years if a shorter period is necessary in order to put the license into a five-year renewal cycle as provided in § 46.2-330 .
  3. Notwithstanding the provisions of § 46.2-332 , the Commissioner or his agent may collect an additional nonrefundable fee in conjunction with an application for a hazardous materials endorsement to offset the additional costs of collecting and processing fingerprints and other information required in conjunction with the security threat assessment program established through the U.S. Transportation Security Administration for hazardous materials endorsement applicants, which fee shall include a pass-through of the fees assessed by the Transportation Security Administration or other federal agencies as well as an additional amount, not to exceed $100, to cover additional costs incurred by the Commonwealth in issuing commercial driver’s licenses pursuant to the provisions of this section, and there shall be no exemption from such additional fee for any applicant who is an employee of the Commonwealth or any county, city, or town. In addition, any local law-enforcement agency that provided fingerprinting services in conjunction with the security threat assessment program may assess a fee from the applicant in an amount set by local ordinance, not to exceed $25. Such amount shall be collected by the local law-enforcement agency and remitted to the treasurer of the appropriate locality to be used solely for the purpose of defraying the costs of operating the law-enforcement agency and shall not be used to supplant existing local funds for the operation of the law-enforcement agency.

History. 2003, cc. 913, 920; 2004, c. 109.

Editor’s note.

Acts 2003, cc. 817 and 819, enact a § 46.2-341.16:1 that is similar to § 46.2-341.16:1 as enacted by Acts 2003, cc. 913 and 920, to become effective on July 1, 2004. The section reads as follows:

Ҥ 46.2-341.16:1 . Hazardous materials endorsement.

“Notwithstanding any other provision of this title, endorsements by the Department including the issue, reissue, or renewal authorizing a driver to operate a vehicle transporting hazardous materials shall comply with the requirements of 49 U.S.C. § 5103 (a).”

Clause 2 of Acts 2003, cc. 817 and 819 provided that § 46.2-341.16:1 as enacted thereby should become effective on July 1, 2004, and that on or before December 1, 2003, the Department of Motor Vehicles, after consultation with the Office of the Attorney General, should report to the General Assembly the content of regulations that the Department of Motor Vehicles intends to promulgate to carry out the provisions of these acts.

The version of § 46.2-341.16:1 enacted by Acts 2003, cc. 913 and 920, set out in the section text above, subsumes the version enacted by Acts 2003, cc. 817 and 819.

The section is set out in the form above at the direction of the Virginia Code Commission.

Acts 2003, cc. 913 and 920, cl. 2 provides: “That the provisions of this act shall become effective on the effective date of regulations promulgated under the provisions of the U.S.A. Patriot Act of 2001 relating to the limitations on the issuance by the states of licenses to operate motor vehicles transporting hazardous materials.” Final regulations took effect April 29, 2005.

The 2004 amendments.

The 2004 amendment by c. 109, effective March 15, 2004, inserted the subsection A designation; in subsection A, deleted “as defined in the U.S.A. Patriot Act of 2001 (49 U.S.C. § 5103a et seq.)” preceding “shall be issued,” added the language beginning “and the Department has received notification” at the end of the first sentence, and added the last sentence; and added subsections B and C.

§ 46.2-341.17. Penalty for violation of this article.

Unless otherwise provided in this article or by the laws of the Commonwealth, any person who violates any provision of this article shall be guilty of a Class 2 misdemeanor.

History. 1989, c. 705, § 46.1-372.16.

Cross references.

As to punishment for Class 2 misdemeanors, see § 18.2-11 .

§ 46.2-341.18. Disqualification for certain offenses.

  1. Except as otherwise provided in this section and in § 46.2-341.18:01 , the Commissioner shall disqualify for a period of one year any person whose record, as maintained by the Department of Motor Vehicles, shows that he has been convicted of any of the following offenses, if such offense was committed while operating a commercial motor vehicle:
    1. A violation of any provision of § 46.2-341.21 or a violation of any federal law or the law of another jurisdiction substantially similar to § 46.2-341.21 ;
    2. A violation of any provision of § 46.2-341.24 or a violation of any federal law or the law of another state substantially similar to § 46.2-341.24 ;
    3. A violation of any provision of § 18.2-51.4 or 18.2-266 or a violation of a local ordinance paralleling or substantially similar to § 18.2-51.4 or 18.2-266 , or a violation of any federal, state or local law or ordinance substantially similar to § 18.2-51.4 or 18.2-266;
    4. Refusal to submit to a chemical test to determine the alcohol or drug content of the person’s blood or breath in accordance with §§ 18.2-268.1 through 18.2-268.12 or this article, or the comparable laws of any other state or jurisdiction;
    5. Failure of the driver whose vehicle is involved in an accident to stop and disclose his identity at the scene of the accident; or
    6. Commission of any crime punishable as a felony in the commission of which a motor vehicle is used, other than a felony described in § 46.2-341.19 .
  2. The Commissioner shall disqualify any such person for a period of three years if any offense listed in subsection A was committed while driving a commercial motor vehicle used in the transportation of hazardous materials required to be placarded under federal Hazardous Materials Regulations (49 C.F.R. Part 172, Subpart F).
  3. Beginning September 30, 2005, the Commissioner shall disqualify for a period of one year any person whose record, as maintained by the Department, shows that he has been convicted of any of the following offenses committed while operating a noncommercial motor vehicle, provided that the person was, at the time of the offense, the holder of a commercial driver’s license, and provided further that the offense was committed on or after September 30, 2005:
    1. A violation of any provision of § 18.2-51.4 , 18.2-266 , or a violation of a local ordinance paralleling or substantially similar to § 18.2-51.4 or 18.2-266 , or a violation of any federal, state, or local law or ordinance, or law of any other jurisdiction, substantially similar to § 18.2-51.4 or 18.2-266;
    2. Refusal to submit to a chemical test to determine the alcohol or drug content of the person’s blood or breath in accordance with §§ 18.2-268.1 through 18.2-268.12 , or the comparable laws of any other state or jurisdiction;
    3. Failure of the driver whose vehicle is involved in an accident to stop and disclose his identity at the scene of the accident; or
    4. Commission of any crime punishable as a felony in the commission of which a motor vehicle is used.
  4. The Commissioner shall disqualify for life any person whose record, as maintained by the Department, shows that he has been convicted of two or more violations of any of the offenses listed in subsection A or C, if each offense arose from a separate incident, except that if all of the offenses are for violation of an out-of-service order, the disqualification shall be for five years. If two or more such disqualification offenses arise from the same incident, the disqualification periods imposed pursuant to subsection A, B, or C shall run consecutively and not concurrently.
  5. The Commissioner shall disqualify for a period of five years a person who is convicted of voluntary or involuntary manslaughter, where the death occurred as a direct result of the operation of a commercial motor vehicle.
  6. The Commissioner shall disqualify for life a person who is convicted of a felony involving an act or practice of severe forms of trafficking in persons as defined in 22 U.S.C. § 7102(11) while driving a commercial motor vehicle, including any local, state, or federal law substantially similar to or fitting the definition of severe forms of trafficking in persons.
  7. The Department may issue, if permitted by federal law, regulations establishing guidelines, including conditions, under which a disqualification for life under subsection D may be reduced to a period of not less than 10 years.

History. 1989, c. 705, § 46.1-372.17; 1992, c. 830; 1997, c. 691; 2005, c. 513; 2008, c. 190; 2010, c. 424; 2021, Sp. Sess. I, c. 136.

The 2005 amendments.

The 2005 amendment by c. 513 inserted present subdivision A 1, redesignated former subdivisions A 1 through A 5 as subdivisions A 2 through A 6, deleted “which results in the death of or injury to another person” in subdivision A 5, added present subsection C, redesignated former subsections C and D as subsections D and E, inserted “committed within a period of 10 years, except that if all of the offenses are for violation of an out-of-service order, the disqualification shall be for five years” in subsection D, deleted the former subsection E which read: “Only offenses committed on or after January 1, 1990, shall be subject to provisions of this section” and made minor stylistic changes.

The 2008 amendments.

The 2008 amendment by c. 190 inserted “and in § 46.2-341.18:01 ” near the beginning of subsection A; and deleted “committed within a period of 10 years” following “separate incident” in subsection D.

The 2010 amendments.

The 2010 amendment by c. 424 redesignated former subsection E as subsection F and added subsection E.

The 2021 Sp. Sess. I amendments.

The 2021 amendment by Sp. Sess. I, c. 136, effective July 1, 2021, deleted “of this section” following “subsection A” in subsection B and following “subsection A or C” and “subsection A, B, or C” in subsection D; inserted subsection F; and redesignated former subsection F as subsection G.

§ 46.2-341.18:01. Disqualification for violation of out-of-service order; commercial motor vehicle designed to transport 16 or more passengers; commercial motor vehicle used to transport hazardous materials.

The Commissioner shall disqualify, for a period of two years, any person convicted of violating an out-of-service order while operating (i) a commercial motor vehicle designed to transport 16 or more passengers, including the driver, or (ii) notwithstanding the provisions of § 46.2-341.18 , a commercial motor vehicle while used in the transport of hazardous materials required to be placarded under federal Hazardous Materials Regulations (49 C.F.R. Part 172, Subpart F). If the person is convicted of two or more violations of this section, and each offense arose from a separate incident committed within a period of 10 years, the disqualification shall be for five years.

History. 2008, c. 190; 2009, c. 102.

The 2009 amendments.

The 2009 amendment by c. 102, inserted “for a period of two years” and the clause (i) designation, deleted “for a period of two years” following “including the driver,” and added clause (ii).

§ 46.2-341.18:1. Disqualification for certain alcohol-related offenses committed in other jurisdictions whose laws provide for disqualification for such offenses without a conviction.

  1. Notwithstanding the provisions of § 46.2-341.18 that require the Commissioner act to disqualify only on the basis of conviction records for certain offenses committed while operating a commercial motor vehicle, the Commissioner shall also act to disqualify, as provided in § 46.2-341.18 , where he has received a record from another jurisdiction indicating that a Virginia licensee has been disqualified in that jurisdiction, solely as a result of his violation in that jurisdiction, of either of the two offenses listed in subdivisions 1 and 2, committed while operating a commercial motor vehicle, even though the disqualification was imposed as the result of an administrative or civil action and there was no court proceeding that could result in a conviction for such offense. The two offenses for which such action shall be taken are:
    1. Operation of a commercial motor vehicle with a blood alcohol content of 0.04 percent or more, or
    2. Refusal to submit to a chemical test to determine the alcohol or drug content of blood or breath of the operator of a commercial motor vehicle under the implied consent laws of that jurisdiction.
  2. The Commissioner shall treat such a record of disqualification as though it were a conviction record from that jurisdiction under a law substantially similar to subsection B of § 46.2-341.24 or § 46.2-341.26:4 , respectively, for purposes of implementing the disqualification provisions of § 46.2-341.18 . Such treatment as a conviction for purposes of § 46.2-341.18 shall be applicable only if the disqualification action is final and unappealable or has been appealed and the appeal dismissed or the action affirmed and no further appeals are possible under the laws of the jurisdiction wherein the offense was committed, and only if the disqualification period imposed by that jurisdiction is at least as long as the periods set out in § 46.2-341.18 for such an offense. If the Commissioner receives notice from a jurisdiction that a Virginia licensee has been subject to an administrative action or civil judgment resulting from a violation of subdivision A 1 or A 2, committed while operating a commercial motor vehicle, the Commissioner shall treat such notice as a conviction for the purposes of this article.
  3. In no case shall the Commissioner act more than once to disqualify a Virginia licensee for any single violation committed in another jurisdiction, even though such violation may be reported by that jurisdiction as both an administrative or civil disqualification action and as a conviction from a court in that jurisdiction. Moreover, the Commissioner shall rescind a disqualification imposed pursuant to this section if the disqualification has been vacated or rescinded by the other jurisdiction as a result of the licensee’s acquittal in the court proceedings, or the dismissal of those proceedings, in that jurisdiction.

History. 2002, c. 724; 2005, c. 513.

The 2005 amendments.

The 2005 amendment by c. 513, in subsection B, deleted “but such record shall not be considered a conviction for any other purpose and shall not be recorded as a conviction on the driving record of the individual” from the end of the first sentence, substituted “Such” for “Moreover, such” at the beginning of the second sentence, and added the last sentence.

§ 46.2-341.18:2. Disqualification for use of urine-masking agent or device.

The Commissioner shall disqualify for a period of one year any person who has been convicted of a violation of § 18.2-251.4 .

History. 2007, c. 422.

§ 46.2-341.18:3. Cancellation of commercial driver’s license endorsement for certain offenders.

The Commissioner shall cancel the Type S school bus endorsement for any person holding a commercial driver’s license or commercial learner’s permit who is convicted of an offense for which registration is required in the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.

Any person holding a commercial driver’s license or commercial learner’s permit with a Type P passenger endorsement who is convicted of an offense for which registration is required in the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 shall surrender such license or permit to the Department, and shall be issued a license or permit that includes a restriction prohibiting the license or permit holder from operating a vehicle to transport children to or from activities sponsored by a school or by a child day care facility licensed, regulated, or approved by the Department of Education.

If the holder of a commercial driver’s license or commercial learner’s permit fails to surrender the license or permit as required under this section, the Department shall cancel the license or permit.

History. 2011, c. 477; 2012, c. 153; 2015, c. 258; 2020, cc. 860, 861.

Editor’s note.

Acts 2020, cc. 860 and 861, cl. 3 provides: “That the provisions of the first and second enactments of this act shall become effective on July 1, 2021, except that § 22.1-289.04 of the Code of Virginia, as created by this act, shall become effective in due course.”

The 2012 amendments.

The 2012 amendment by c. 153 added the second and third paragraphs.

The 2015 amendments.

The 2015 amendment by c. 258 substituted “learner’s permit” for “driver’s instruction permit” three times.

The 2020 amendments.

The 2020 amendments by cc. 860 and 861, effective July 1, 2021, are identical, and substituted “Department of Education” for “Virginia Department of Social Services” in the second paragraph.

§ 46.2-341.19. Controlled substance felony; disqualification.

  1. No person shall use a commercial motor vehicle in the commission of any felony involving manufacturing, distributing, or dispensing a controlled substance or possession with intent to manufacture, distribute, or dispense such controlled substance. No person who holds a commercial learner’s permit or commercial driver’s license shall use a noncommercial motor vehicle in the commission of any felony involving manufacturing, distributing, or dispensing a controlled substance or possession with intent to manufacture, distribute, or dispense such controlled substance. For the purpose of this section, a controlled substance is defined as provided in § 102(6) of the federal Controlled Substances Act (21 U.S.C. § 802(6)) and includes all substances listed on Schedules I through V of 21 C.F.R. Part 1308 as they may be revised from time to time.
  2. Violation of this section shall constitute a separate and distinct offense and any person violating this section is guilty of a Class 1 misdemeanor. Punishment for a violation of this section shall be separate and apart from any punishment received from the commission of the primary felony.
  3. The Commissioner shall, upon receiving a record of a conviction of a violation of this section, disqualify for life any person who is convicted of such violation.

History. 1989, c. 705, § 46.1-372.18; 2019, c. 750.

Cross references.

As to punishment for Class 1 misdemeanors, see § 18.2-11 .

The 2019 amendments.

The 2019 amendment by c. 750 added the designations for subsections A through C; in subsection A, inserted the second sentence and substituted “is defined” for “shall be defined” in the third sentence; and in subsection B, substituted “is guilty” for “shall be guilty.”

§ 46.2-341.20. Disqualification for multiple serious traffic violations.

  1. For the purposes of this section, the following offenses, if committed in a commercial motor vehicle, are serious traffic violations:
    1. Driving at a speed 15 or more miles per hour in excess of the posted speed limits;
    2. Reckless driving;
    3. A violation of a state law or local ordinance relating to motor vehicle traffic control arising in connection with a fatal traffic accident;