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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-334.01 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-334.01. Licenses issued to persons less than 19 years old subject to certain restrictions.
A. Any learner's permit or driver's license issued to any person less than
eighteen 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 nineteen 19 years old shows that he has been convicted of
committing, when he was less than eighteen 18 years old, (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.
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 eighteen 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 nineteen 19 years old is convicted a second time of
committing, when he was less than eighteen 18 years old, (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 suspend such person's driver's license or privilege to
operate a motor vehicle for ninety 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 to the place of his employment, provided
there is no other means of transportation by which such person may travel
between his home and his place of employment. 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.
3. If any person is convicted a third time of committing, when he was less than
eighteen 18 years old, (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 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 eighteen 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 of this section for multiple convictions arising out of the same transaction or occurrence.
B. The initial license issued to any such person shall be deemed a provisional
driver's license. A provisional driver's license shall not authorize its holder
to operate a motor vehicle with more than one passenger who is less than
eighteen 18 years old prior to the holder's seventeenth birthday and more
than three passengers who are less than eighteen 18 years old thereafter until
the holder's eighteenth birthday. This passenger limitation, however, shall not apply to members of
the driver's family or household. For the purposes of this subsection, "members of the driver's
family or household" means (i) the driver's spouse, children, stepchildren,
brothers, sisters, half brothers, half sisters, and any individual who has a
child in common with the driver, whether or not they reside in the same home
with the driver; (ii) the driver's brothers-in-law and sisters-in-law who
reside in the same home with the driver; (iii) any individual who cohabits with
the driver, and any children of such individual residing in the same home with
the driver.
C. 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 a school-sponsored activity; (iii) when accompanied
by a parent, a person acting in loco parentis, or by a spouse who is eighteen
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 rescue squad personnel to
emergency calls.
D. The provisional driver's license restrictions in subsection B and C of this section shall expire on the holder's eighteenth birthday.
E. A violation of subsection B or C of this section 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.
F. No 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.