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1996 SESSION

966822410
HOUSE BILL NO. 1462
Offered January 22, 1996
A BILL to amend and reenact § 46.2-335 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 46.2-334.1 and 46.2-335.1, relating to driver's licenses for persons under eighteen.
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Patrons-- Puller, Albo, Darner, Grayson, Jones, D.C., May, Mims, Moran, Plum and Scott; Senators: Saslaw, Ticer and Woods
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That § 46.2-335 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding sections numbered 46.2-334.1 and 46.2-335.1 as follows:

§ 46.2-334.1. Licenses issued to persons under eighteen subject to certain restrictions.

A. No driver's license issued on or after July 1, 1996, to any person under the age of eighteen years shall permit any licensee under the age of eighteen to operate a motor vehicle between the hours of midnight and 5:00 a.m. except when (i) driving directly to or from a place of business where he is regularly employed, (ii) driving directly to or from a school-sponsored activity, (iii) being accompanied by a licensed driver twenty-one years of age or older who is actually occupying a seat beside him, or (iv) when emergency circumstances exist.

B. However, upon attaining the age of seventeen years of age, a licensee may apply for a license not subject to the foregoing limitations contained in subsection A of this section. The Commissioner shall issue such unrestricted license if, at the time of such application, the applicant:

1. Has held a driver's license subject to the limitations contained in subsection A for at least twelve months;

2. Has successfully completed a driver education course either (i) approved by the State Department of Education or (ii) offered by a commercial driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.); and

3. Has not been found guilty of violating any law, ordinance, or regulation relating to the operation of a motor vehicle. For purposes of this section, parking citations shall not be considered a violation relating to the operation of a motor vehicle.

C. If, at any time prior to attaining the age of eighteen years, the holder of any unrestricted license issued under subsection B is found to have violated any law, ordinance, or regulation relating to the operation of a motor vehicle, in addition to any other penalties imposed, his unrestricted license shall be revoked, and any license issued to him prior to his attaining the age of eighteen years shall be subject to the limitations contained in subsection A.

§ 46.2-335. Learner's permits; fees.

A. The Department, on receiving from any Virginia resident over the age of fifteen years, an application for a learner's permit may, subject to the applicant's successful completion of the written or automated knowledge and vision examinations, issue a permit entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle on the highways, when accompanied by a licensed driver eighteen twenty-one years of age or older or his parent or legal guardian who is actually occupying a seat beside the driver. Such permit shall be valid until he 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. For persons qualifying for a driver's license through driver education courses approved by the Department of Education or courses offered by commercial 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. Driver's licenses shall be issued by the Department to persons successfully completing driver education courses approved by the Department of Education when the Department receives from the school proper certification that the student (i) has successfully completed such course, including a road skills examination and (ii) is in good academic standing and (iii) upon payment of a fee of $2.40 per year, based on the period of the license's validity. The provisions of §§ 46.2-323 and 46.2-334 relating to evidence and certification of Virginia residence shall apply, mutatis mutandis, to learner's permits issued under this section. The application for a learner's permit shall not be granted without evidence of compliance with Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1, submitted on a form furnished by the Board of Education and certified by the division superintendent or any of his designees, the nonpublic school principal or any of his designees, or the home schooling parent or tutor, or presentation of 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. The Department shall charge a fee of three dollars for each learner's permit issued under this section, which shall be paid into the driver education fund of the state treasury. It shall be unlawful for any person, after having received a learner's permit, to drive a motor vehicle without being accompanied by a licensed driver. Violation of this section shall constitute a Class 2 misdemeanor. 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.).

B. Notwithstanding the provisions of subsection A of this section, the Department shall not issue a learner's permit with a classification entitling the permittee to drive motorcycles unless:

1. The person is receiving instructions from a qualified instructor in a course approved by the Department;

2. The person has successfully completed the off-street portion of the course;

3. When the instruction is conducted on the public highways, it follows a prescribed course which has been approved by the chief local law-enforcement official;

4. The persons receiving the instruction, or the motorcycles used in the instruction, are clearly marked "STUDENT DRIVER";

5. The person is under the supervision of his instructor at all times; and

6. No person, except the person receiving the instruction, occupies the motorcycle while instruction is being given.

§ 46.2-335.1. Learner's permits; required before driver's license; minimum holding period.

A. Effective July 1, 1996, no person under the age of eighteen years shall be eligible to receive a driver's license pursuant to § 46.2-334 or § 46.2-334.1 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.

B. Effective July 1, 1996, any person under the age of eighteen years issued a learner's permit pursuant to § 46.2-335 must hold such permit for a minimum period of six months or until he reaches the age of eighteen years, whichever comes first.