2006 Code of Virginia § 46.2-323 - Application for driver\'s license; proof of completion of driver education program; penalt...

46.2-323. Application for driver's license; proof of completion of drivereducation program; penalty.

A. Every application for a driver's license, temporary driver's permit,learner's permit, or motorcycle learner's permit shall be made on a formprescribed by the Department and the applicant shall write his usualsignature in ink in the space provided on the form. The form shall includenotice to the applicant of the duty to register with the Department of StatePolice as provided in Chapter 9 ( 9.1-900 et seq.) of Title 9.1, if theapplicant has been convicted of an offense for which registration with theSex Offender and Crimes Against Minors Registry is required.

B. Every application shall state the full legal name, year, month, and dateof birth, social security number, sex, and residence address of theapplicant; whether or not the applicant has previously been licensed as adriver and, if so, when and by what state, and whether or not his license hasever been suspended or revoked and, if so, the date of and reason for suchsuspension or revocation. The Department, as a condition for the issuance ofany driver's license, temporary driver's permit, learner's permit, ormotorcycle learner's permit may require the surrender of any driver's licenseor, in the case of a motorcycle learner's permit, a motorcycle license issuedby another state and held by the applicant. The applicant shall also answerany questions on the application form or otherwise propounded by theDepartment incidental to the examination. The applicant may also be requiredto present to the person conducting the examination a birth certificate orother evidence, reasonably acceptable to the Department, of his name and dateof birth.

The applicant shall also certify that he is a resident of the Commonwealth bysigning a certification statement, on a form prescribed by the Commissioner,and by providing satisfactory proof that he is a resident of theCommonwealth. The Commissioner may adopt regulations to determine the processby which applicants prove that they are residents of the Commonwealth.

If the applicant either (i) fails or refuses to sign the certificationstatement or (ii) fails to follow the process determined by the Commissionerfor proving residency, the Department shall not issue the applicant adriver's license, temporary driver's permit, learner's permit or motorcyclelearner's permit.

Any applicant who knowingly makes a false certification of Virginia residencyor supplies false or fictitious evidence of Virginia residency shall bepunished as provided in 46.2-348.

The Commissioner may, on a case-by-case basis, waive any provision of suchregulations for good cause shown.

C. Every application for a driver's license shall include a color photographof the applicant supplied under arrangements made by the Department. Thephotograph shall be processed by the Department so that the photograph can bemade part of the issued license.

D. Notwithstanding the provisions of 46.2-334, every applicant for adriver's license who is under 19 years of age shall furnish the Departmentwith satisfactory proof of his successful completion of a driver educationprogram approved by the State Department of Education.

E. (Effective January 1, 2007) The Department shall electronically transmitapplication information to the Department of State Police, in a formatapproved by the State Police, for comparison with information contained inthe Virginia Criminal Information Network and National Crime InformationCenter Convicted Sexual Offender Registry Files, at the time of issuance of adriver's license, temporary driver's permit, learner's permit, or motorcyclelearner's permit. Whenever it appears from the records of the State Policethat a person has failed to comply with the duty to register or reregisterpursuant to Chapter 9 ( 9.1-900 et seq.) of Title 9.1, the State Policeshall promptly investigate and, if there is probable cause to believe aviolation has occurred, obtain a warrant or assist in obtaining an indictmentcharging a violation of 18.2-472.1 in the jurisdiction in which the personmade application of licensure.

(Code 1950, 46-362; 1958, c. 541, 46.1-368; 1962, c. 368; 1968, c. 642;1974, c. 605; 1982, c. 180; 1983, c. 608; 1984, cc. 778, 780; 1988, c. 105;1989, cc. 705, 727; 1993, cc. 471, 501; 1994, c. 362; 1998, c. 322; 2002, cc.535, 867; 2003, c. 584; 2005, cc. 259, 828; 2006, cc. 857, 914.)