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1998 SESSION
989776443Be it enacted by the General Assembly of Virginia:
1. That §§ 46.2-495, 46.2-498, 46.2-499, 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 46.2-334.01 as follows:
§ 46.2-334.01. Licenses issued to persons less than eighteen years old subject to certain restrictions.
Any learner's permit or 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 of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10 of this title:
a. The Commissioner shall direct such person to attend a driver improvement clinic. No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving points be awarded for voluntary or court-assigned clinic attendance.
b. No motor vehicle, while being operated by any person holding a learner's permit or driver's license subject to the restrictions contained in this section, shall transport more than three passengers, in addition to the driver, who are less than eighteen years old. This limitation, however, shall not apply to (i) members of the driver's family living in the same household as the driver or (ii) a driver less than eighteen years old who is driving to or from either school or his place of employment. No citation for a violation of this subdivision shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.
2. If any person less than eighteen years old is convicted a second time of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10 of this title, the Commissioner shall, in addition to any other penalty assessed, suspend such person's driver's license or privilege to operate a motor vehicle for ninety days. Such suspension shall be consecutive to, and not concurrent with, any other period of license suspension, revocation or denial.
3. If any such person is convicted a third time of (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) of this chapter or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10 of this title, the Commissioner shall, in addition to any other penalty assessed, revoke such person's driver's license or privilege to operate a motor vehicle for one year or until such person reaches the age of eighteen years, whichever is longer. Such revocation shall be consecutive to, and not concurrent with, any other period of license suspension, revocation or denial.
4. In no event shall a driver who is under the age of eighteen and subject to the provisions of this section, be subject to the suspension or revocation provisions of subdivision 2 or 3 of this section for multiple convictions arising out of the same transaction or occurrence.
§ 46.2-495. Advisory letters.
Whenever the driving record of any person who is eighteen years old or
older shows an accumulation of at least 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 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.
A. Whenever the driving record of any person who is eighteen years old or
older 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 B. 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 C. Except as provided for in subsection
C D of this section and in §§ 46.2-334.01
and 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. D. 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 C 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 shall place on probation for a period of six months any
person who has been directed to attend a driver improvement clinic pursuant to
the provisions of § 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 for a period of ninety days when six demerit points are assigned, for a
period of sixty days when four demerit points are assigned, and for a period of
forty-five days when three demerit points are assigned. In addition, the
Commissioner shall again place the person on probation for a period of six
months, effective on termination of the suspension imposed pursuant to this
section.
B. Upon request, the Commissioner 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 shall be eligible to receive a restricted driver's license
only if the violation occurred within a probation period that was immediately
preceded by a control period. A restricted license 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. 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 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.
§ 46.2-506. Formal hearings; suspension for excessive point accumulation.
A. Whenever the operating record of any person shows a continued disregard of the motor vehicle laws subsequent to being placed on probation, he may be charged as 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
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.