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1996 SESSION


CHAPTER 615
An Act to amend and reenact § 46.2-392 of the Code of Virginia, relating to issuance of a restricted license; penalty.
[H 21]
Approved April 5, 1996

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-392 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-392. Suspension of license or issuance of a restricted license on conviction of reckless driving; generally.

In addition to the penalties for reckless driving prescribed in § 46.2-868 any court may suspend any license issued to a convicted person under Articles 1 through 9 (§ 46.2-300 et seq.) of this chapter for a period of not less than ten days nor more than six months and the court shall require the convicted person to surrender his license so suspended to the court where it will be disposed of in accordance with § 46.2-398.

If a person so convicted has not obtained the license required by this chapter, or is a nonresident, the court may direct in the judgment of conviction that he shall not, for a period of not less than ten days or more than six months as may be prescribed in the judgment, drive any motor vehicle in the Commonwealth. The court or the clerk of court shall transmit the license to the Commissioner along with the report of the conviction required to be sent to the Department.

The court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle during the period of suspension 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, upon proper written verification to the court that such person is enrolled in a continuing program of education; or (iv) such other medically necessary travel as the court deems necessary and proper upon written verification of need by a licensed health professional. The court shall order the surrender of such 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, which 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 such person. The court shall also provide a copy of its order to the person who may operate a motor vehicle on the order until receipt from the Commissioner of a restricted license. A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be punished as provided in subsection C of § 46.2-301. No restricted license issued pursuant to this section 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.).