2006 Code of Virginia § 46.2-330 - Expiration and renewal of licenses; examinations required

46.2-330. Expiration and renewal of licenses; examinations required.

A. Every driver's license shall expire on the applicant's birthday in yearsin which the applicant attains an age equally divisible by five. At no timeshall any driver's license be issued for less than three nor more than sevenyears. Thereafter the driver's license shall be renewed on or before thebirthday of the licensee and shall be valid for five years, expiring in thenext year in which the licensee's age is equally divisible by five.

B. Within one year prior to the date shown on the driver's license as thedate of expiration, the Department shall mail notice, to the holder thereof,at the address shown on the records of the Department in its driver's licensefile, that his license will expire on a date specified therein, whether hemust be reexamined, and when he may be reexamined. Nonreceipt of the noticeshall not extend the period of validity of the driver's license beyond itsexpiration date.

Any driver's license may be renewed by application, which shall include theapplicant's certification of Virginia residency, after the applicant hastaken and successfully completed those parts of the examination provided forin 46.2-311, 46.2-325 and the Virginia Commercial Driver's License Act (46.2-341.1 et seq.), including vision and written tests, other than the partsof the examination requiring the applicant to drive a motor vehicle. Alldrivers applying in person for renewal of a license shall take andsuccessfully complete the examination each renewal year.

C. Notwithstanding any other provision of this section, the Commissioner, inhis discretion, may require any applicant for renewal to be fully examined asprovided in 46.2-311, 46.2-325 and the Virginia Commercial Driver'sLicense Act ( 46.2-341.1 et seq.). Furthermore, if the applicant is lessthan 80 years old, the Commissioner may waive the vision examination for anyapplicant for renewal of a driver's license which is not a commercialdriver's license, and the requirement or the taking of the written test asprovided in subsection B of this section, 46.2-325 and the VirginiaCommercial Driver's License Act ( 46.2-341.1 et seq.), for any applicant forrenewal who is at least 21 years old. Such written test shall not be waivedfor an applicant less than 21 years old if such applicant's driver's licenserecord on file with the Department contains a record of one or moreconvictions for any offense reportable under 46.2-382, 46.2-382.1, and46.2-383. However, in no case shall there be any waiver of the visionexamination for applicants for renewal of a commercial driver's license or ofthe knowledge test required by the Virginia Commercial Driver's License Actfor the hazardous materials endorsement on a commercial driver's license. Nodriver's license or learner's permit issued to any person who is 80 years oldor older shall be renewed unless the applicant for renewal appears in personand either (i) passes a vision examination or (ii) presents a report of avision examination, made within 90 days prior thereto by an ophthalmologistor optometrist, indicating that the applicant's vision meets or exceeds thestandards contained in 46.2-311.

D. Every applicant for renewal of a driver's license, whether renewal shallor shall not be dependent on any examination of the applicant, shall appearin person before the Department to apply for renewal, unless specificallynotified by the Department that renewal may be accomplished in another manneras provided in the notice.

E. This section shall not modify the provisions of 46.2-221.2.

F. (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 the renewalof a driver's license. Whenever it appears from the records of the StatePolice that a person has failed to comply with the duty to register orreregister pursuant to Chapter 9 ( 9.1-900 et seq.) of Title 9.1, the StatePolice shall promptly investigate and, if there is probable cause to believea violation has occurred, obtain a warrant or assist in obtaining anindictment charging a violation of 18.2-472.1 in the jurisdiction in whichthe person last registered or reregistered or in the jurisdiction where theperson made application for licensure.

(1968, c. 642, 46.1-380.1; 1975, c. 24; 1976, c. 48; 1984, c. 780; 1989,cc. 705, 727; 1993, cc. 471, 501; 1997, c. 486; 2001, cc. 659, 665; 2003, c.333; 2004, cc. 112, 218, 975; 2005, c. 302; 2006, cc. 857, 914.)