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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-325, 46.2-334, as it is currently effective and as it may become effective, and § 46.2-335 of the Code of Virginia are amended and reenacted as follows:
§ 46.2-325. Examination of applicants; waiver of Department's examination under certain circumstances.
The Department shall examine every applicant for a driver's license before
issuing any license. The Department shall examine the applicant as
to determine (i) his physical and mental qualifications and his
ability to drive a motor vehicle without jeopardizing the safety of persons or
property and as to whether (ii) if any facts exist which
would bar the issuance of a license under §§ 46.2-311 through
46.2-316, 46.2-334 or § 46.2-335. The examination, however, shall not
include investigation of any facts other than those directly pertaining to the
ability of the applicant to drive a motor vehicle with safety, or other than
those facts declared to be prerequisite to the issuance of a license under this
chapter. No applicant otherwise competent shall be required to demonstrate
ability to park any motor vehicle except in an adequate parking space between
horizontal markers, and not between flags or sticks simulating parked vehicles.
Applicants for licensure to drive motor vehicles of the classifications
referred to in § 46.2-328 shall submit to examinations which relate to the
operation of those vehicles.
Except for applicants subject to § 46.2-312, if the Commissioner is
satisfied that an applicant has demonstrated the same proficiency as
required by the Department's examination through successful completion of
either (i) the driver education course approved by the Department of Education
or (ii) a driver training course offered by a commercial driver training school
licensed under Chapter 17 (§ 46.2-1700 et seq.) of this title, he may
waive those parts of its the Department's examination
provided for in this section that require the applicant to (i) take a
written or automated knowledge test and/or (ii) drive and park a motor
vehicle.
§ 46.2-334. Conditions and requirements for licensure of persons under eighteen; requests for cancellation of minor's driver's license; temporary driver's licenses; Board of Education approved programs; fee.
A. No driver's license shall be issued to any person under the
age of eighteen years except that Minors at least sixteen years old
may be issued drivers' licenses under the following conditions:
1. A driver's license may be issued to a minor of the age of sixteen years
on The minor shall submit a proper application and on
satisfactory evidence that he (i) is a resident of the Commonwealth; (ii)
has successfully completed a driver education course approved by either the
State Department of Education or, in the case of a course offered by a
commercial driver training school licensed under Chapter 17 (§ 46.2-1700
et seq.) of this title, by the Department of Motor Vehicles; and (iii) is
mentally, physically, and otherwise qualified to drive a motor vehicle
with safety safely. A learner's permit accompanied
by documentation verifying the minor's successful completion of an approved
driver's education course shall constitute a temporary driver's license for
purposes of driving unaccompanied by a licensed driver as provided in §
46.2-335, provided all other requirements of this chapter have been met. Such
temporary license shall be valid only until the permanent license is presented
as provided in § 46.2-336.
2. The minor's application for a driver's license
must be signed by a parent of the applicant, otherwise by the guardian
having custody of him. However, in the event a minor has no parent or guardian,
then a driver's license shall not be issued to him unless his application is
signed by the judge of the juvenile and domestic relations district court of
the city or county in which he resides. If the minor making the application is
married or otherwise emancipated, in lieu of any parent's,
guardian's or judge's signature required in the preceding provisions
of this section, on presentation of, the minor may present
proper evidence of the solemnization of the marriage or the order of
emancipation; the spouse of the minor may sign the application, if
the spouse is over the age of eighteen years. Any parent, spouse, or
guardian, as the case may be, may thereafter file with the Department a written
request that the license of the minor so granted be cancelled. When such a
request is filed, the Department shall cancel the license of the minor and the
license shall not thereafter be reissued by the Department until a period of
six months has elapsed from the date of cancellation.
3. The minor shall be required to state in his application whether
or not he has been convicted of an offense triable by, or tried in, a juvenile
and domestic relations district court or found by such court to be a child in
need of supervision, as defined in § 16.1-228. If it appears that the
minor has been adjudged not innocent of the offense alleged or has been found
to be a child in need of supervision, the Department shall not issue a license
without the written approval of the judge of the juvenile and domestic
relations district court making an adjudication as to the minor or the like
approval of a similar court of the county or city in which the
parent, or guardian, or spouse, respectively,
of the minor resides.
1a. 4. The application for a permanent
driver's license by a minor of the age of persons required to attend
school pursuant to § 22.1-254 shall be accompanied by evidence of
compliance with the compulsory school attendance law set forth in
Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1.
This evidence shall be provided on a form furnished by the Board of
Education and certified by the division superintendent or any of his designees.
For minors attending nonpublic schools, such certification shall be made by the
private school principal or any of his designees; for minors receiving home
schooling, such certification shall be made by the home schooling parent or
tutor. If the minor is unable to provide such evidence, he shall not be granted
a driver's license until he reaches the age of eighteen, presents proper
evidence of solemnization of his marriage or an order of emancipation or
the parent, as defined in § 22.1-1, or other person standing in loco
parentis, has provided written authorization for the minor to obtain a driver's
license.
1b. A minor may, however, present 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 as evidence of compulsory school attendance
compliance.
1c. 5. The minor applicant shall
certify in writing, on a form prescribed by the Commissioner, that he is a
resident of the Commonwealth. The applicant's parent, or
guardian, or spouse over the age of eighteen shall also certify that
the applicant is a resident by signing the certification. Any minor
providing proper evidence of the solemnization of his marriage or a certified
copy of a court order of emancipation shall not be required to provide the
parent's certification of residence.
B. Any parent or guardian of an unmarried or unemancipated minor may, after the issuance of a permanent driver's license to such minor, file with the Department a written request that the license of the minor be canceled. When such request is filed, the Department shall cancel the license of the minor and the license shall not thereafter be reissued by the Department until a period of six months has elapsed from the date of cancellation or the minor reaches his eighteenth birthday, whichever shall occur sooner.
2. C. The provisions of subdivision 1
subsection A of this section requiring that an application for a
driver's license be signed by the parent, or
guardian, or spouse over the age of eighteen shall be waived by the
Commissioner if the application is accompanied by proper evidence of the
solemnization of the minor's marriage or a certified copy of a court
order, issued under the provisions of Article 15 (§ 16.1-331 et seq.) of
Chapter 11 of Title 16.1, declaring the applicant to be an emancipated minor.
D. A learner's permit accompanied by documentation verifying the minor's successful completion of an approved driver's education course shall constitute a temporary driver's license for purposes of driving unaccompanied by a licensed driver as required in § 46.2-335, if all other requirements of this chapter have been met. The temporary license shall only be valid until the permanent license is presented as provided in § 46.2-336.
3. E. Notwithstanding the provisions of subdivision
1 subsection A of this section requiring the successful
completion of a driver education course approved by the State Department of
Education, the Commissioner, on application therefor by a person at least
sixteen years of age but less than eighteen years of age, shall issue to the
applicant a temporary driver's license valid for six months provided
if he (i) certifies by signing, together with his
parent, or guardian, or spouse over the age of
eighteen, a certification statement on a form
prescribed by the Commissioner that he is a resident of the Commonwealth; (ii)
is the holder of a valid driver's license from another state; and (iii) has not
been found guilty of or otherwise responsible for an offense involving the
operation of a motor vehicle. No temporary license issued under this
subdivision subsection shall be renewed, nor shall any
second or subsequent temporary license under this subdivision
subsection be issued to the same applicant. Any such minor
providing proper evidence of the solemnization of his marriage or a certified
copy of a court order of emancipation shall not be required to obtain the
signature of his parent or guardian for the temporary driver's license.
F. 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 pursuant to § 46.2-335.
G. Driver's licenses shall be issued by the Department to minors 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; (ii) is regularly attending school and is in good academic standing or, if not in such standing, whose parent or guardian, having custody of such minor, provides written authorization for the minor to obtain a driver's license; and (iii) upon payment of a fee of $2.40 per year, based on the period of the license's validity. For applicants attending public schools, good academic standing may be certified by the public school principal or any of his designees. For applicants attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a driver's license.
§ 46.2-334. (Delayed effective date) Conditions and requirements for licensure of persons under eighteen; requests for cancellation of minor's driver's license; temporary driver's licenses; Board of Education approved programs; fee.
A. No driver's license shall be issued to any person under the
age of eighteen years except that Minors at least
sixteen years old may be issued drivers' licenses under the following
conditions:
1. A driver's license may be issued to a minor of the age of sixteen years
on The minor shall submit a proper application and
on satisfactory evidence that he (i) is a resident of the
Commonwealth,; (ii) has successfully completed a driver
education course approved by either the State Department of Education or, in
the case of a course offered by a commercial driver training school licensed
under Chapter 17 (§ 46.2-1700 et seq.) of this title, by the Department of
Motor Vehicles; and (iii) is mentally, physically, and otherwise
qualified to drive a motor vehicle with safety
safely. A learner's permit accompanied by documentation
verifying the minor's successful completion of an approved driver's education
course shall constitute a temporary driver's license for purposes of driving
unaccompanied by a licensed driver as provided in § 46.2-335, provided all
other requirements of this chapter have been met. Such temporary license shall
be valid only until the permanent license is presented as provided in §
46.2-336.
2. The minor's application for a driver's license
must be signed by a parent of the applicant, otherwise by the guardian
having custody of him. However, in the event a minor has no parent or guardian,
then a driver's license shall not be issued to him unless his application is
signed by the judge of the family court of the city or county in which he
resides. If the minor making the application is married or otherwise
emancipated, in lieu of any parent's or guardian's or judge's
signature required in the preceding provisions of this section, on
presentation of, the minor may present proper evidence of the
solemnization of the marriage or the order of emancipation, the
spouse of the minor may sign the application, if the spouse is over the age of
eighteen years. Any parent, spouse, or guardian, as the case may be,
may thereafter file with the Department a written request that the license of
the minor so granted be cancelled. When such a request is filed, the Department
shall cancel the license of the minor and the license shall not thereafter be
reissued by the Department until a period of six months has elapsed from the
date of cancellation.
3. The minor shall be required to state in his application whether
or not he has been convicted of an offense triable by, or tried in, a family
court or found by such court to be a child in need of supervision, as defined
in § 16.1-228. If it appears that the minor has been adjudged not innocent
of the offense alleged or has been found to be a child in need of supervision,
the Department shall not issue a license without the written approval of the
judge of the family court making an adjudication as to the minor or the like
approval of a similar court of the county or city in which the
parent, or guardian, or spouse, respectively,
of the minor resides.
1a. 4. The application for a permanent
driver's license by a minor of the age of persons required to attend
school pursuant to § 22.1-254 shall be accompanied by evidence of
compliance with the compulsory school attendance law set forth in
Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1.
This evidence shall be provided on a form furnished by the Board of
Education and certified by the division superintendent or any of his designees.
For minors attending nonpublic schools, such certification shall be made by the
private school principal or any of his designees; for minors receiving home
schooling, such certification shall be made by the home schooling parent or
tutor. If the minor is unable to provide such evidence, he shall not be granted
a driver's license until he reaches the age of eighteen, presents proper
evidence of solemnization of his marriage or an order of emancipation or
the parent, as defined in § 22.1-1, or other person standing in loco
parentis, has provided written authorization for the minor to obtain a driver's
license.
1b. A minor may, however, present 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 as evidence of compulsory school attendance
compliance.
1c. 5. The minor applicant shall certify in
writing, on a form prescribed by the Commissioner, that he is a resident of the
Commonwealth. The applicant's parent, or guardian,
or spouse over the age of eighteen shall also certify that the applicant
is a resident by signing the certification. Any minor providing proper
evidence of the solemnization of his marriage or a certified copy of a court
order of emancipation shall not be required to provide the parent's
certification of residence.
B. Any parent or guardian of an unmarried or unemancipated minor may, after the issuance of a permanent driver's license to such minor, file with the Department a written request that the license of the minor be canceled. When such request is filed, the Department shall cancel the license of the minor and the license shall not thereafter be reissued by the Department until a period of six months has elapsed from the date of cancellation or the minor reaches his eighteenth birthday, whichever shall occur sooner.
2. C. The provisions of subdivision 1
subsection A of this section requiring that an application for a
driver's license be signed by the parent, or
guardian, or spouse over the age of eighteen shall be waived by the
Commissioner if the application is accompanied by evidence of the
solemnization of the minor's marriage or a certified copy of a court
order, issued under the provisions of Article 15 (§ 16.1-331 et seq.) of
Chapter 11 of Title 16.1, declaring the applicant to be an emancipated minor.
D. A learner's permit accompanied by documentation verifying the minor's successful completion of an approved driver's education course shall constitute a temporary driver's license for purposes of driving unaccompanied by a licensed driver as required in § 46.2-335, if all other requirements of this chapter have been met. The temporary license shall only be valid until the permanent license is presented as provided in § 46.2-336.
3. E. Notwithstanding the provisions of subdivision
1 subsection A of this section requiring the successful
completion of a driver education course approved by the State Department of
Education, the Commissioner, on application therefor by a person at least
sixteen years of age but less than eighteen years of age, shall issue to the
applicant a temporary driver's license valid for six months provided
if he (i) certifies by signing, together with his
parent, or guardian, or spouse over the age of
eighteen, a certification statement on a form prescribed by
the Commissioner that he is a resident of the Commonwealth; (ii) is the holder
of a valid driver's license from another state; and (iii) has not been found
guilty of or otherwise responsible for an offense involving the operation of a
motor vehicle. No temporary license issued under this subdivision
subsection shall be renewed, nor shall any second or subsequent
temporary license under this subdivision subsection be
issued to the same applicant. Any such minor providing proper evidence of
the solemnization of his marriage or a certified copy of a court order of
emancipation shall not be required to obtain the signature of his parent or
guardian for the temporary driver's license.
F. 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 pursuant to § 46.2-336.
G. Driver's licenses shall be issued by the Department to minors 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; (ii) is regularly attending school and is in good academic standing or, if not in such standing, whose parent who has custody of such minor provides written authorization for the minor to obtain a driver's license; and (iii) upon payment of a fee of $2.40 per year, based on the period of the license's validity. For applicants attending public schools, good academic standing may be certified by the public school principal or any of his designees. For applicants attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a driver's license.
§ 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 satisfactory documentation of meeting the requirements of this
chapter and 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 any licensed driver
twenty-one years of age or older or by his parent, or
legal guardian, or by a brother, sister, half-brother, half-sister,
step-brother, or step-sister eighteen years of age or older who
is. The accompanying person shall be (i) actually occupying a
seat beside the driver and (ii) lawfully permitted to operate a motor vehicle
at that time.
The Department shall not, however, issue a learner's permit to any minor applicant required to provide evidence of compliance with the compulsory school attendance law set forth in Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1, unless such applicant is in good academic standing or, if not in such standing, whose parent or guardian, having custody of such minor, provides written authorization for the minor to obtain a learner's permit. For applicants attending public schools, good academic standing may be certified by the public school principal or any of his designees. For applicants attending nonpublic schools, such certification shall be made by the private school principal or any of his designees; for minors receiving home schooling, such certification shall be made by the home schooling parent or tutor. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a driver's license.
Such permit shall be valid until he the holder thereof
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; (ii) is regularly attending school and is in good academic
standing or, if not in such standing, whose parent, as defined in §
22.1-1, or other person standing in loco parentis, provides written
authorization for the minor to obtain a driver's license; and (iii) upon
payment of a fee of $2.40 per year, based on the period of the license's
validity.
B. The provisions of §§ 46.2-323 and 46.2-334 relating to
evidence and certification of Virginia residence and, in the case of
persons of school age, compliance with the compulsory school attendance law
shall apply, mutatis mutandis, to applications for 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.
C. 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.
D. 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 as provided in the foregoing provisions
of this section,; however, the learner's permit
accompanied by documentation verifying that the driver, who is
at least sixteen years of age, and has successfully
completed an approved driver's education course shall constitute a temporary
driver's license for the purpose of driving unaccompanied by a licensed driver
eighteen years of age or older, provided if all other
requirements of this chapter have been met. Such temporary driver's license
shall only be valid until the driver has received his permanent license
pursuant to § 46.2-336.
E. 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 to any applicant under the age of
fifteen years, six months unless the applicant is in good academic standing.
For applicants attending public schools, good academic standing may be
certified by the public school principal or any of his designees. For
applicants attending nonpublic schools, such certification shall be made by the
private school principal or any of his designees; for minors receiving home
schooling, such certification shall be made by the home schooling parent or
tutor.
C. F. 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.
G. Any violation of this section shall be punishable as a Class 2 misdemeanor.