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1998 SESSION
986205443Patrons-- Scott, Albo, Almand, Barlow, Brink, Bryant, Callahan, Cantor, Clement, Darner, Davies, Devolites, Drake, Hamilton, Keating, Landes, Moran, Murphy, Nixon, O'Brien, Parrish, Plum, Puller, Rust, Spruill, Van Yahres, Watts and Williams; Senators: Barry, Gartlan, Howell and Ticer
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-498 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding sections numbered 46.2-334.01 and 46.2-810.1 as follows:
§ 46.2-334.01. Licenses issued to persons less than eighteen years old subject to certain restrictions.
A. Any driver's license issued on or after July 1, 1998, to any person less than eighteen years old shall be subject to the following:
1. Notwithstanding the provisions of § 46.2-498, whenever the driving record of a person less than eighteen years old shows that he has been convicted or found not innocent of an offense for which one or more demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) of this chapter, the Commissioner shall direct such person to attend a driver improvement clinic, and such person shall be subject to probation pursuant to § 46.2-499.
2. If any person less than eighteen years old is convicted or found not innocent of any such offense a second time, in addition to any other penalty assessed, the court shall suspend such person's driver's license for a period of not less than three nor more than six months.
3. If any such person is convicted or found not innocent of any such offense for a third time, in addition to any other penalty assessed, the court shall revoke his driver's license for one year or until such person reaches the age of eighteen years, whichever is longer.
4. No suspension or revocation imposed under this subsection shall be suspended in whole or in part.
B. However, upon attaining the age of seventeen years, the restrictions enumerated in subsection A of this section and the provisions of § 46.2-810.1 shall no longer apply to any licensee whose driving record indicates that the applicant:
1. Has held for at least twelve months a driver's license subject to the restrictions contained in subsection A of this section;
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 convicted or found not innocent 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 violations relating to the operation of a motor vehicle.
C. If, at any time prior to attaining the age of eighteen years, a licensee whose driving record indicates that his license is no longer subject to the restrictions contained in subsection A of this section 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 license shall again be subject to the restrictions contained in subsection A of this section and the provisions of § 46.2-810.1 shall again apply to his operation of a motor vehicle.
§ 46.2-498. Driver improvement clinics; voluntary attendance.
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.
A1. Notwithstanding the provisions of subsection A of this section,
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, or findings
of not innocent, for traffic offenses committed within a period of twelve
consecutive months or (ii) at least twelve points based on convictions, or
findings of not innocent, 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.
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.
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 within a period of two 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.
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 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 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.
§ 46.2-810.1. Limitation on number of certain passengers.
No motor vehicle, while being operated by any person holding a driver's license subject to the restrictions contained in subsection A of § 46.2-334.01, shall transport more than two passengers, in addition to the driver, who are less than eighteen years old.