2006 Code of Virginia § 46.2-322 - Examination of licensee believed incompetent; suspension, or restriction of license; license applic...

46.2-322. Examination of licensee believed incompetent; suspension, orrestriction of license; license application to include questions as tophysical or mental conditions of applicant; false answers; examination ofapplicant; physician's, physician assistant's, or nurse practitioner'sstatement.

A. If the Department has good cause to believe that a driver is incapacitatedand therefore unable to drive a motor vehicle safely, after written notice ofat least 15 days to the person, it may require him to submit to anexamination to determine his fitness to drive a motor vehicle. If the driverso requests in writing, the Department shall give the Department's reasonsfor the examination, including the identity of all persons who have suppliedinformation to the Department regarding the driver's fitness to drive a motorvehicle. However, the Department shall not supply the reasons or informationif its source is a relative of the driver or a physician, physicianassistant, or nurse practitioner, a pharmacist, or another licensed medicalprofessional as defined in 38.2-602 treating, or prescribing medicationsfor, the driver.

B. As a part of its examination, the Department may require a physicalexamination by a licensed physician or licensed nurse practitioner and areport on the results thereof. When it has completed its examination, theDepartment shall take whatever action may be appropriate and may suspend thelicense or privilege to drive a motor vehicle in the Commonwealth of theperson or permit him to retain his license or privilege to drive a motorvehicle in the Commonwealth, or may issue a license subject to therestrictions authorized by 46.2-329. Refusal or neglect of the person tosubmit to the examination or comply with restrictions imposed by theDepartment shall be grounds for suspension of his license or privilege todrive a motor vehicle in the Commonwealth.

C. The Commissioner shall include, as a part of the application for anoriginal driver's license, or renewal thereof, questions as to the existenceof physical or mental conditions that impair the ability of the applicant todrive a motor vehicle safely. Any person knowingly giving a false answer toany such question shall be guilty of a Class 2 misdemeanor. If the answer toany such question indicates the existence of such condition, the Commissionershall require an examination of the applicant by a licensed physician orlicensed nurse practitioner as a prerequisite to the issuance of the driver'slicense. The report of the examination shall contain a statement that, in theopinion of the physician or nurse practitioner, the applicant's physical ormental condition at the time of the examination does or does not preclude hissafe driving of motor vehicles.

(Code 1950, 46-378; 1952, c. 666; 1958, c. 541, 46.1-383; 1960, c. 201;1966, c. 631; 1968, c. 167; 1972, c. 419; 1974, c. 453; 1978, c. 353; 1984,c. 780; 1988, c. 798; 1989, c. 727; 1997, c. 801; 2004, cc. 351, 855; 2006,c. 396.)