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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-351.1, 46.2-489, 46.2-490, 46.2-491, 46.2-495, 46.2-498, 46.2-499, 46.2-500, 46.2-501, 46.2-502, 46.2-503, 46.2-505, and 46.2-506 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 46.2-490.2 as follows:
§ 46.2-351.1. Intervention required for certain offenders; fee; penalty; notice.
A. Upon receiving notification of any conviction entered on or after January
1, 1994, which will result in the offender's being subject to adjudication as
an habitual offender if convicted of one additional offense, the Commissioner
shall, if any offense which may be used for such adjudication is alcohol
related or drug related, notify the person that he shall report to an
alcohol safety action program a Virginia Alcohol Safety Action Program
within sixty days of the date of such notice for intervention.
Intervention shall be in accordance with § 18.2-271.1. The program shall
provide the Commissioner with information of compliance.
B. Upon receiving notification of any conviction entered on or after
January 1, 1994, which will result in the offender's being subject to
adjudication as an habitual offender if convicted of one additional offense,
the Commissioner shall, if none of the offenses which may be used for such
adjudication is alcohol related or drug related, notify the person that he
shall attend a driver intervention interview within sixty days of the date of
the notice. The An interview shall be conducted by a
representative of the Department, to be designated by the
Commissioner a Virginia Alcohol Safety Action Program. The
representative shall review with the person attending the interview the
habitual offender laws and explain the consequences of future offenses and
may refer the person to any driver improvement program approved by the
Commissioner clinic. A fee of thirty dollars shall be paid to
the Virginia Alcohol Safety Action Program for attendance at a driver
intervention interview. All fees collected by a Virginia Alcohol Safety
Action Program shall be used to meet their expenses.
C. The Commissioner shall suspend the driving privilege of any person who
fails to report complete and pay the required fee for an
intervention interview within the sixty-day period. The
suspension shall continue until such time as the person reports has
completed and paid for the intervention interview.
D. Notice to report for intervention shall be sent by the Department by certified mail, return receipt requested, to the driver at the last known address supplied by the driver and on file with the Department.
E. Failure of the offender to attend as required or failure of the Department to notify the offender upon the second qualifying offense shall not be used to prohibit adjudication as an habitual offender upon receipt of the third qualifying offense.
§ 46.2-489. Regulations; appeals.
The Commissioner shall may, subject to the provisions of §
46.2-203, promulgate regulations which he deems necessary to carry out the
provisions of this article.
Any person receiving an order of the Commissioner to suspend or revoke his driver's license or licensing privilege or to require attendance at a driver improvement clinic or placing him on probation may, within thirty days from the date of the order, file a petition of appeal in accordance with § 46.2-410.
§ 46.2-490. Establishment of driver improvement clinic program; application fees.
The Commissioner shall, in his discretion, designate persons to
act for the Department as driver improvement analysts to examine and evaluate
the driving records of the problem drivers and to conduct group interviews,
personal interviews and driver improvement clinics.
A. The Commissioner shall, in his discretion, contract with such entities as the Commissioner deems fit, including private or governmental entities, to develop curricula for a statewide driver improvement clinic program. The driver improvement clinic program shall be established for the purpose of instructing persons identified by the Department and the court system as problem drivers in need of driver improvement education and training and for those drivers interested in improved driving safety. The clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers, and for the purpose of creating a lasting and corrective influence on their driving performance. The clinics shall operate in localities based on their geographical location so as to be reasonably accessible to persons attending these clinics.
B. All businesses, organizations, governmental entities or individuals that want to provide driver improvement clinic instruction in the Commonwealth using approved curricula shall apply to the Department to be certified to do so, based on criteria established by the Department. A nonrefundable annual application fee of $100 shall be paid to the Department by all such businesses, organizations, governmental entities or individuals. All such application fees collected by the Department 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.
§ 46.2-490.2. Time frame for program transition.
A. The Department shall continue to provide group interviews and personal interviews through September 30, 1995, in order to accommodate persons notified by the Department prior to July 1, 1995, to attend such interviews.
The group interview order shall be terminated on October 1, 1995, for those persons who fail to complete a required group interview by September 30, 1995. Any associated group interview and reinstatement fees shall be waived. The Department shall mail notices to these persons informing them of the termination.
The personal interview order shall be terminated on October 1, 1995, for those persons who fail to complete a required personal interview by September 30, 1995. Any associated personal interview and reinstatement fees shall be waived. The Department shall mail notices to these persons informing them of the termination, requiring them to complete a driver improvement clinic and placing them on a six-month probation period in accordance with §§ 46.2-498 and 46.2-499 of this article.
No group or personal interview notices shall be issued on or after July 1, 1995. Persons required to complete a driver improvement clinic as a result of a notice issued prior to July 1, 1995, shall continue to be required to satisfy such notice.
B. As necessary, the Department shall provide clinic instruction until such time as curricula for use in driver improvement clinics have been approved and are in use by those businesses, organizations, governmental entities or individuals certified by the Department to provide driver improvement clinic instruction. No materials, instructors, instructor fees or any other form of subsidy shall be provided by the Department to any business, organization, governmental entity or individual providing driver improvement clinic instruction on or after July 1, 1995.
§ 46.2-491. Persons included within scope of article.
This chapter article shall apply to (i) every resident of the
Commonwealth, regardless of whether he possesses a driver's license issued by
the Department and (ii) every nonresident to whom the Department has issued a
driver's license.
§ 46.2-495. Advisory letters.
Whenever the driving record of any person shows an accumulation of at
least six eight demerit points based on convictions, or
findings of not innocent in the case of a juvenile, for traffic offenses
committed within a period of twelve consecutive months, or at least
nine twelve demerit points based on convictions, or findings of
not innocent in the case of a juvenile, for traffic offenses committed within
a period of twenty-four consecutive months, respectively, the Commissioner
may mail, by first-class mail, to the last known address of the person an
advisory letter listing his convictions, or findings of not innocent in the
case of a juvenile, and the demerit points assigned thereto, including his
safe driving points, if any, and furnish any other information deemed
appropriate and applicable to the rehabilitation of the person, for the
purpose of preventing subsequent traffic offenses.
The Department's failure to mail, or the citizen's nonreceipt of the advisory letter shall not be grounds for waiving any other provision of this article.
§ 46.2-498. Driver improvement clinics; voluntary attendance.
The Commissioner shall implement a system of driver improvement clinics
for the purpose of dealing with those persons identified as problem drivers
in need of driver improvement education and training. The clinics shall be
composed of uniform education and training programs designed for the
rehabilitation of the problem drivers, and for the purpose of creating a
lasting and corrective influence on their driving performances.
The clinic classes shall be scheduled to begin at a reasonable hour during
the evenings and shall be conducted for a two-hour period, one night each
week for four consecutive weeks. The Commissioner may, when he deems it
necessary because of unusual conditions or circumstances, schedule and
conduct clinic classes between the hours of 8:30 a.m. and 5:00 p.m.
A. Whenever the driving record of any person shows an accumulation of at least twelve demerit points based on convictions, or findings of not innocent in the case of a juvenile, for traffic offenses committed within a period of twelve consecutive months, or at least eighteen demerit points based on convictions, or findings of not innocent in the case of a juvenile, 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 as provided for in subsection C of this section and in § 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 safe driving points.
No person Safe driving points shall be rescheduled to attend
a driver improvement clinic for 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 within a period of two years from
the date he a person satisfactorily completes the clinic;
however, the provisions of this section shall not apply to any person who is
required to attend a driver improvement clinic in accordance with the
provisions of § 46.2-505. 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.
The Commissioner may solicit organizations or persons, knowledgeable in
highway safety driving standards, to participate in conjunction with the
Department of Motor Vehicles in the development of the local driver
improvement clinic program and in conducting the driver improvement clinic
classes. The Commissioner may employ the services of qualified professional
instructors for the purpose of conducting driver improvement clinic classes
in those areas of the Commonwealth where it is not economically practicable
to maintain the full-time services of a driver improvement analyst.
C. 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 the Department in writing 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. The Commissioner
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 in a two-year period, as set forth in subsection B 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.
§ 46.2-499. Driver's license probation.
A. The Commissioner may shall place any person on probation for
a period of not more than one year six months when probation is
used in conjunction with the provisions of § § 46.2-497
and 46.2-498. In addition, the Commissioner shall place any person on
probation for a period of six months on receiving a record of a conviction of
such person of any offense for which demerit points are assessed and the
offense was committed within any driver control period imposed pursuant to §
46.2-500. Whenever a person who has been placed on probation is convicted,
or found not innocent in the case of a juvenile, of any offense for which
demerit points are assessed, and the offense was committed during the
probation period, the Commissioner shall suspend the person's license or
licenses for a period of one half of the probation period
ninety days when six demerit points are assigned, for a period of
one-third of the probation period sixty days when four demerit
points are assigned, and for a period of one-fourth of the probation
period forty-five days when three demerit points are assigned. In
addition, the Commissioner shall again place the person on probation for a
period equal to the probationary period originally prescribed for the
person pursuant to § 46.2-497 or this section of six
months, effective on termination of the suspension imposed pursuant to
this section.
B. Upon request, the Commissioner may shall grant a
restricted license during the first period of suspension imposed
pursuant to subsection A of this section provided the person is otherwise
eligible to be licensed. Any person whose driver's license is
suspended for a second or subsequent time under subsection A of this
section may request a hearing to be conducted by a driver
improvement analyst for the purpose of securing shall be eligible to
receive a restricted driver's license. The analyst may, in his
discretion, for good cause shown, provide that such person be issued a
only if the violation occurred within a probation period that was immediately
preceded by a control period. A restricted license to operate
a motor vehicle may be issued for any or all of the following
purposes: (i) travel to and from his place of employment; (ii) travel during
the hours of such person's employment if the operation of a motor vehicle is
a necessary incident of such employment; (iii) travel to and from school if
such person is a student; or (iv) such other medically necessary travel as
the analyst deems necessary. Written verifications of the person's
employment, continuing education or medically necessary travel shall also
be required and made available to the Commissioner. Whenever a person who
has been granted a restricted license pursuant to this subsection is
convicted, or found not innocent in the case of a juvenile, of any offense
for which demerit points are assessed, and the offense was committed during
the restricted license period, the Commissioner shall suspend the person's
license or licenses for the period of time the person's license was to be
originally suspended using the same demerit point criteria and
suspension periods set forth in subsection A of this section. No
restricted license issued pursuant to this subsection shall permit any person
to operate a commercial motor vehicle as defined in the Virginia Commercial
Driver's License Act (§ 46.2-341.1 et seq.).
C. Whenever the Department receives notice from the court that restricted license privileges have been granted to a person who has an existing restricted license issued pursuant to subsection B of this section, the existing restricted license shall be cancelled, and the Commissioner shall suspend the person's license for the period of time remaining on the original order of suspension. No court-granted restricted license shall be issued until the end of the suspension period imposed by the Commissioner.
§ 46.2-500. Driver control period.
Whenever an individual is placed on probation pursuant to §§ 46.2-497,
46.2-498, or § 46.2-499 or § 46.2-506, the Commissioner shall
also place the person on driver control status for a period of eighteen
months following the termination of the probationary period. If the
individual commits any violation during the driver control period for which
points are assessed, the Commissioner shall again place the individual on
probation for a period of six months and on driver control status for an
additional period of eighteen months following the probationary period.
§ 46.2-501. Notice to attend driver improvement clinic.
A. Any notice to attend a group interview or a personal interview shall
contain:
1. A specific statement of the offense or offenses which the person has
been convicted of, or found not innocent of in the case of a juvenile.
2. The date, time, and location of the group interview or the personal
interview.
3. The purpose of the group interview or personal interview.
B. Any notice to attend a driver improvement clinic must contain:
1. The date, time, and location of the Information on how to
schedule a driver improvement clinic.
2. The purpose of the driver improvement clinic, including the consequences of not attending the clinic program.
3. An explanation of the terms of the probationary licensing period, if
any.
4. A requirement stating that the clinic must be satisfactorily completed within ninety days from the date of the notice.
C. B. The notice directing any person to attend a group
interview, personal interview or driver improvement clinic shall
provide the addressee with a minimum of ten days' notice, and shall be
forwarded by certified mail to the last known address of the person, as shown
on the records of the Department.
§ 46.2-502. Clinic fees.
A. The Commissioner shall designate the localities in which the group
interviews, personal interviews and driver improvement clinics are to be
conducted. These localities shall be designated on the basis of their
geographical location so as to be reasonably accessible to any person
required to attend these interviews or clinics.
B. The Commissioner For those persons notified by the Department
prior to July 1, 1995, to attend a driver improvement clinic, the
Commissioner shall charge a fee of fifty dollars. The Department and all
businesses, organizations, governmental entities or individuals certified by
the Department to provide driver improvement clinic instruction shall
charge fees a fee of seventy-five dollars to participants
in the driver improvement program, attending group interviews, personal
interviews or persons notified by the Department on or after July 1,
1995, to attend a driver improvement clinics according to the
fee schedule in subsection C of this section clinic. No person
shall be permitted to attend a group interview, personal interview or
driver improvement clinic unless he the person first pays to
the Commissioner the required attendance fee to the business,
organization, governmental entity or individual providing the driver
improvement clinic instruction. All fees collected under the
provisions of this section 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.
C. A fee of twenty-five dollars shall be paid for attendance of a group
interview. A fee of thirty dollars shall be paid for attendance of a
personal interview. A fee of fifty dollars shall be paid for attendance of
a driver improvement clinic.
B. On or after July 1, 1995, all businesses, organizations, governmental entities or individuals certified by the Department to provide driver improvement clinic instruction shall pay to the Department a processing fee of ten dollars for each person attending a driver improvement clinic taught by such businesses, organizations, governmental entities or individuals. Such processing fee payments shall accompany the clinic rosters submitted to the Department by such businesses, organizations, governmental entities or individuals. All fees collected by the Department under this subsection 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.
§ 46.2-503. Suspension of privilege to operate a motor vehicle for failure to attend clinics.
A. The Commissioner shall suspend the driver's license or
other privilege to operate a motor vehicle of any person who fails to
attend a scheduled group interview, personal interview or
satisfactorily complete a driver improvement clinic. This suspension
shall remain in effect until such person applies to the Department in
writing for permission to attend a scheduled group interview, personal
interview or driver improvement clinic, whichever is applicable, and
thereafter until he is rescheduled and satisfactorily completes the
assignment, except as hereinafter provided driver improvement
clinic. This section shall not be applicable to persons attending clinics on
a voluntary basis.
B. The Commissioner may, for good cause shown, cancel or terminate the
suspension or reinstatement requirement, provided the person applies to the
Department in writing for permission to attend a scheduled group interview,
personal interview or driver improvement clinic, whichever is applicable. In
the event he does not satisfactorily complete the assignment, the
Commissioner shall forthwith suspend the person's driver's license or other
privilege to operate a motor vehicle as required by subsection A of this
section.
§ 46.2-505. Court may direct defendant to attend driver improvement clinic.
Any circuit or general district court or juvenile court of the Commonwealth, or any federal court, charged with the duty of hearing traffic cases for offenses committed in violation of any law of the Commonwealth, or any valid local ordinance, or any federal law regulating the movement or operation of a motor vehicle, may require any person found guilty, or in the case of a juvenile found not innocent, of a violation of any state law, local ordinance, or federal law, to attend a driver improvement clinic. The attendance requirement may be in lieu of or in addition to the penalties prescribed by § 46.2-113, the ordinance, or federal law. The court shall determine if a person is to receive safe driving points upon satisfactory completion of a driver improvement clinic conducted by the Department or by any business, organization, governmental entity or individual certified by the Department to provide driver improvement clinic instruction. In the absence of such notification, no safe driving points shall be awarded by the Department.
Whenever any court stipulates in its judgment of conviction, or finding of
not innocent in the case of a juvenile, that a person attend a driver
improvement clinic, the court shall so indicate in the space provided on the
abstract of conviction filed with the Department in accordance with the
provisions of § 46.2-383, or any federal law, rule or regulation. On receipt
of the abstract of record, the Department shall forthwith schedule the person
to attend a driver improvement clinic.
Persons required by the court to attend a driver improvement clinic shall
notify the court if the driver improvement clinic has or has not been
attended and satisfactorily completed, in compliance with the court order.
Failure of the person to attend and satisfactorily complete a driver
improvement clinic, in compliance with the court order, may be punished as
contempt of such court. In every such case, the Commissioner shall notify
the court of the defendant's failure to comply with the court order.
§ 46.2-506. Formal hearings; suspension for excessive point accumulation.
A. Whenever the operating record of any person shows an
accumulation of six demerit points based on convictions, or findings of not
innocent in the case of a juvenile, for traffic violations committed within
any twelve consecutive months, or twelve demerit points based on convictions,
or findings of not innocent in the case of a juvenile, for traffic violations
committed within any twenty-four consecutive months, respectively, and
subsequent to his assignment to attend a personal interview a
continued disregard of the motor vehicle laws subsequent to being placed on
probation, he may be charged as an habitually a reckless or
negligent driver of a motor vehicle, and cited for a formal hearing in
accordance with the provisions of §§ 46.2-402 through 46.2-408. If the
hearing results in the suspension of a person's driving privilege, the person
shall be placed on probation at the end of the suspension period in
accordance with the provisions of § 46.2-499.
B. Whenever the operating record of any person shows an accumulation
of at least eighteen demerit points based on convictions, or findings of not
innocent in the case of a juvenile, for traffic violations committed within
any twelve consecutive months, or at least twenty-four demerit points based
on convictions, or findings of not innocent in the case of a juvenile, for
traffic violations committed within any twenty-four consecutive months,
respectively, the Commissioner shall suspend the person's license or licenses
for a period of ninety days and thereafter until he attends a personal
interview and satisfactorily completes a driver improvement clinic.
At the end of this suspension period, the person shall be placed on probation
in accordance with the provisions of § 46.2-499.
2. That §§ 46.2-496 and 46.2-497 of the Code of Virginia are repealed.