2006 Code of Virginia § 46.2-334.01 - Licenses issued to persons less than 19 years old subject to certain restrictions

46.2-334.01. Licenses issued to persons less than 19 years old subject tocertain restrictions.

A. Any learner's permit or driver's license issued to any person less than 18years old shall be subject to the following:

1. Notwithstanding the provisions of 46.2-498, whenever the driving recordof a person less than 19 years old shows that he has been convicted ofcommitting, when he was less than 18 years old, (i) an offense for whichdemerit 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 ofArticle 12 ( 46.2-1091 et seq.) or Article 13 ( 46.2-1095 et seq.) ofChapter 10 of this title, the Commissioner shall direct such person to attenda driver improvement clinic. No safe driving points shall be awarded for suchclinic attendance, nor shall any safe driving points be awarded for voluntaryor court-assigned clinic attendance. Such person's parent, guardian, legalcustodian, or other person standing in loco parentis may attend such clinicand receive a reduction in demerit points and/or an award of safe drivingpoints pursuant to 46.2-498. The provisions of this subdivision shall notbe construed to prohibit awarding of safe driving points to a person lessthan 18 years old who attends and successfully completes a driver improvementclinic without having been directed to do so by the Commissioner or requiredto do so by a court.

2. If any person less than 19 years old is convicted a second time ofcommitting, when he was less than 18 years old, (i) an offense for whichdemerit 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 ofArticle 12 ( 46.2-1091 et seq.) or Article 13 ( 46.2-1095 et seq.) ofChapter 10 of this title, the Commissioner shall suspend such person'sdriver's license or privilege to operate a motor vehicle for 90 days. Suchsuspension shall be consecutive to, and not concurrent with, any other periodof license suspension, revocation or denial. Any person who has had hisdriver's license or privilege to operate a motor vehicle suspended inaccordance with this subdivision may petition the juvenile and domesticrelations district court of his residence for a restricted license toauthorize such person to drive a motor vehicle in the Commonwealth to andfrom his home to the place of his employment, provided there is no othermeans of transportation by which such person may travel between his home andhis place of employment. On such petition the court may, in its discretion,authorize the issuance of a restricted license for a period not to exceed theterm of the suspension of the person's license or privilege to operate amotor vehicle in the Commonwealth. Such restricted license shall be validsolely for operation of a motor vehicle between such person's home and hisplace of employment.

3. If any person is convicted a third time of committing, when he was lessthan 18 years old, (i) an offense for which demerit points have been assessedor 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.) orArticle 13 ( 46.2-1095 et seq.) of Chapter 10 of this title, theCommissioner shall revoke such person's driver's license or privilege tooperate a motor vehicle for one year or until such person reaches the age of18 years, whichever is longer. Such revocation shall be consecutive to, andnot concurrent with, any other period of license suspension, revocation ordenial.

4. In no event shall any person subject to the provisions of this section, besubject to the suspension or revocation provisions of subdivision 2 or 3 ofthis section for multiple convictions arising out of the same transaction oroccurrence.

B. The initial license issued to any person younger than 18 years of ageshall be deemed a provisional driver's license. Until the holder is 18 yearsold, a provisional driver's license shall not authorize its holder to operatea motor vehicle with more than one passenger who is less than 18 years oldfor the first year after the license is issued nor more than three passengerswho are less than 18 years old thereafter until the holder's eighteenthbirthday. This passenger limitation, however, shall not apply to members ofthe driver's family or household. For the purposes of this subsection,"members of the driver's family or household" means (i) the driver'sspouse, children, stepchildren, brothers, sisters, half brothers, halfsisters, and any individual who has a child in common with the driver,whether or not they reside in the same home with the driver; (ii) thedriver's brothers-in-law and sisters-in-law who reside in the same home withthe driver; and (iii) any individual who cohabits with the driver, and anychildren of such individual residing in the same home with the driver.

C. The holder of a provisional driver's license shall not operate a motorvehicle on the highways of the Commonwealth between the hours of midnight and4:00 a.m. except when driving (i) to or from a place of business where he isemployed; (ii) to or from a school-sponsored activity; (iii) accompanied by aparent, a person acting in loco parentis, or by a spouse who is 18 years oldor older, provided that such person accompanying the driver is actuallyoccupying a seat beside the driver and is lawfully permitted to operate amotor vehicle at the time; or (iv) in cases of emergency, including responseby volunteer firefighters and volunteer rescue squad personnel to emergencycalls.

D. The provisional driver's license restrictions in subsections B and C ofthis section shall expire on the holder's eighteenth birthday. A violation ofthe provisional driver's license restrictions in either subsection B or C ofthis section shall constitute a traffic infraction. For a second orsubsequent violation of the provisional driver's license restrictions ineither subsection B or C, in addition to any other penalties which may beimposed pursuant to 16.1-278.10, the court may suspend the juvenile'sprivilege to drive for a period not to exceed six months.

E. A violation of subsection B or C of this section shall not constitutenegligence, be considered in mitigation of damages of whatever nature, beadmissible in evidence or be the subject of comment by counsel in any actionfor the recovery of damages arising out of the operation, ownership, ormaintenance of a motor vehicle, nor shall anything in this subsection changeany existing law, rule, or procedure pertaining to any such civil action.

F. No citation for a violation of this section shall be issued unless theofficer issuing such citation has cause to stop or arrest the driver of suchmotor vehicle for the violation of some other provision of this Code or localordinance relating to the operation, ownership, or maintenance of a motorvehicle or any criminal statute.

(1998, cc. 124, 792; 2001, cc. 655, 659, 665; 2002, cc. 61, 807; 2003, cc.308, 323, 771.)