SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
083404612Patrons-- Marshall, D.W., Athey, Carrico, Cole, Crockett-Stark, Massie, Merricks and Sherwood
Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-494 and 46.2-498 of the Code of Virginia are amended and reenacted as follows:
§ 46.2-494. Safe driving point credit.
Every resident or nonresident person holding a valid Virginia
driver's license whose driving record does not contain any suspension,
revocation, conviction, or finding of not innocent in the case of a juvenile,
of a traffic violation, during any calendar year shall be awarded one safe
driving point. One safe driving point shall be awarded for each calendar year
of safe driving, but no person shall be permitted to accumulate more than five ten safe
driving points. The Commissioner shall apply these points to offset an
equivalent number of demerit points, if any, to the chronologically earliest
offense conviction, or finding of not innocent in the case of a juvenile, for
which demerit points have been assigned and are valid. If subsequent to awarding
a safe driving point to any person, the Department receives a conviction, or
finding of not innocent in the case of a juvenile, for an offense which
occurred during the period for which a safe driving point was awarded for and
which requires the Department to assess demerit points, the safe driving point
shall be invalidated.
§ 46.2-498. Driver improvement clinics; voluntary attendance.
A. Whenever the driving record of any person who is eighteen years old or older shows an accumulation of at least twelve demerit points based on convictions for traffic offenses committed within a period of twelve consecutive months, or at least eighteen demerit points based on convictions for traffic offenses committed within a period of twenty-four consecutive months, respectively, the Commissioner shall direct the person to attend a driver improvement clinic.
B. Except for those persons whose licenses are subject to the restrictions of § 46.2-334.01, whenever the driving record of a person under the age of eighteen years shows an accumulation of (i) at least nine points based on convictions for traffic offenses committed within a period of twelve consecutive months or (ii) at least twelve points based on convictions for traffic offenses committed within a period of twenty-four consecutive months, the Commissioner shall direct the person to attend a driver improvement clinic and such person shall be subject to probation pursuant to § 46.2-499.
C. Except as provided for in subsection D of this section and
in §§ 46.2-334.01 and 46.2-505, every person who attends a driver improvement
clinic conducted by the Department or those businesses, organizations,
governmental entities or individuals certified by the Department to provide
driver improvement clinic instruction and who satisfactorily completes the
clinic shall have five demerit points subtracted from his total accumulation of
demerit points, except in those instances where a person has not accumulated
five demerit points, in which case a reduction in demerit points and/or the
award of safe driving points will be made. No person shall be allowed to
accumulate more than five ten safe
driving points.
Safe driving points shall be awarded or reductions in premium
charges, as set forth in § 38.2-2217, shall be received for the completion of a
driver improvement clinic only once
no
more than twice within a period of two
ten
years from the date a person satisfactorily completes the clinic.
Persons shall be eligible to voluntarily attend a driver improvement clinic
again for either safe driving points or a reduction in premium charges,
whichever was not awarded or received previously, one year from the date of
satisfactory completion of a driver improvement clinic in which safe driving
points or a reduction in premium charges was received or awarded.
D. Any resident or nonresident person holding a valid license to drive a motor vehicle in Virginia, whether or not he has accumulated demerit points, may apply to any business, organization, governmental entity or individual certified by the Department to provide driver improvement clinic instruction for permission to attend a driver improvement clinic on a voluntary basis. Such businesses, organizations, governmental entities or individuals may, when seating space is available, schedule the person to attend a driver improvement clinic.
Persons who voluntarily attend and satisfactorily complete a
driver improvement clinic shall be eligible (i) to have five demerit points
subtracted from their total accumulation of demerit points, except in those
instances where a person has not accumulated five demerit points, in which case
a reduction in demerit points and/or the award of safe driving points will be
made, or (ii) to receive a reduction in premium charges as set forth under §
38.2-2217, either of which, but not both, shall be awarded or received no more
than once twice
in a two-year ten-year
period, as set forth in subsection C of this section. Such persons
shall inform the business, organization or individual providing instruction if
they are attending to be awarded safe driving points or to receive a reduction
in premium charges as set forth under § 38.2-2217.