2006 Code of Virginia § 46.2-334 - Conditions and requirements for licensure of persons under 18; requests for cancellation of minor\'...

46.2-334. Conditions and requirements for licensure of persons under 18;requests for cancellation of minor's driver's license; temporary driver'slicenses; Board of Education approved programs; home-schooled students; fee.

A. Minors at least 16 years and three months old may be issued driver'slicenses under the following conditions:

1. The minor shall submit a proper application and satisfactory evidence thathe (i) is a resident of the Commonwealth; (ii) has successfully completed adriver education course approved by either the State Department of Educationor, in the case of a course offered by a driver training school licensedunder Chapter 17 ( 46.2-1700 et seq.) of this title, by the Department ofMotor Vehicles; and (iii) is mentally, physically, and otherwise qualified todrive a motor vehicle safely.

2. The minor's application for a driver's license must be signed by a parentof the applicant, otherwise by the guardian having custody of him. However,in the event a minor has no parent or guardian, then a driver's license shallnot be issued to him unless his application is signed by the judge of thejuvenile and domestic relations district court of the city or county in whichhe resides. If the minor making the application is married or otherwiseemancipated, in lieu of any parent's, guardian's or judge's signature, theminor may present proper evidence of the solemnization of the marriage or theorder of emancipation.

3. The minor shall be required to state in his application whether or not hehas been convicted of an offense triable by, or tried in, a juvenile anddomestic relations district court or found by such court to be a child inneed of supervision, as defined in 16.1-228. If it appears that the minorhas been adjudged not innocent of the offense alleged or has been found to bea child in need of supervision, the Department shall not issue a licensewithout the written approval of the judge of the juvenile and domesticrelations district court making an adjudication as to the minor or the likeapproval of a similar court of the county or city in which the parent orguardian, respectively, of the minor resides.

4. The application for a permanent driver's license by a minor of the age ofpersons required to attend school pursuant to 22.1-254 shall be accompaniedby evidence of compliance with the compulsory school attendance law set forthin Article 1 ( 22.1-254 et seq.) of Chapter 14 of Title 22.1. This evidenceshall be provided in writing by the minor's parent. If the minor is unable toprovide such evidence, he shall not be granted a driver's license until hereaches the age of 18 or presents proper evidence of the solemnization of hismarriage or an order of emancipation, or the parent, as defined in 22.1-1,or other person standing in loco parentis has provided written authorizationfor the minor to obtain a driver's license.

A minor may, however, present a high school diploma or its equivalent or acertificate indicating completion of a prescribed course of study as definedby the local school board pursuant to 22.1-253.13:4 as evidence ofcompulsory school attendance compliance.

5. The minor applicant shall certify in writing, on a form prescribed by theCommissioner, that he is a resident of the Commonwealth. The applicant'sparent or guardian shall also certify that the applicant is a resident bysigning the certification. Any minor providing proper evidence of thesolemnization of his marriage or a certified copy of a court order ofemancipation shall not be required to provide the parent's certification ofresidence.

B. Any custodial parent or guardian of an unmarried or unemancipated minormay, after the issuance of a permanent driver's license to such minor, filewith the Department a written request that the license of the minor becanceled. When such request is filed, the Department shall cancel the licenseof the minor and the license shall not thereafter be reissued by theDepartment until a period of six months has elapsed from the date ofcancellation or the minor reaches his eighteenth birthday, whichever shalloccur sooner. Notwithstanding the foregoing provisions of this subsection, inthe case of a minor whose parents have been awarded joint legal custody, arequest that the license of the minor be cancelled must be signed by bothlegal custodians. In the event one parent is not reasonably available or theparents do not agree, one parent may petition the juvenile and domesticrelations district court to make a determination that the license of theminor be cancelled.

C. The provisions of subsection A of this section requiring that anapplication for a driver's license be signed by the parent or guardian shallbe waived by the Commissioner if the application is accompanied by properevidence of the solemnization of the minor's marriage or a certified copy ofa court order, issued under the provisions of Article 15 ( 16.1-331 et seq.)of Chapter 11 of Title 16.1, declaring the applicant to be an emancipatedminor.

D. A learner's permit accompanied by documentation verifying the minor'ssuccessful completion of an approved driver education course, signed by theminor's parent, guardian, legal custodian or other person standing in locoparentis, shall constitute a temporary driver's license for purposes ofdriving unaccompanied by a licensed driver as required in 46.2-335, if allother requirements of this chapter have been met. The temporary license shallonly be valid until the permanent license is presented as provided in 46.2-336.

E. Notwithstanding the provisions of subsection A of this section requiringthe successful completion of a driver education course approved by the StateDepartment of Education, the Commissioner, on application therefor by aperson at least 16 years and three months old but less than 18 years old,shall issue to the applicant a temporary driver's license valid for sixmonths if he (i) certifies by signing, together with his parent or guardian,on a form prescribed by the Commissioner that he is a resident of theCommonwealth; (ii) is the holder of a valid driver's license from anotherstate; and (iii) has not been found guilty of or otherwise responsible for anoffense involving the operation of a motor vehicle. No temporary licenseissued under this subsection shall be renewed, nor shall any second orsubsequent temporary license under this subsection be issued to the sameapplicant. Any such minor providing proper evidence of the solemnization ofhis marriage or a certified copy of a court order of emancipation shall notbe required to obtain the signature of his parent or guardian for thetemporary driver's license.

F. For persons qualifying for a driver's license through driver educationcourses approved by the Department of Education or courses offered by drivertraining schools licensed by the Department, the application for thelearner's permit shall be used as the application for the driver's licensepursuant to 46.2-335.

G. Driver's licenses shall be issued by the Department to minors successfullycompleting driver education courses approved by the Department of Education(i) when the Department receives from the school proper certification thatthe student (a) has successfully completed such course, including a roadskills examination and (b) is regularly attending school and is in goodacademic standing or, if not in such standing or submitting evidence thereof,whose parent or guardian, having custody of such minor, provides writtenauthorization for the minor to obtain a driver's license, which writtenauthorization shall be obtained on forms provided by the Department andindicating the Commonwealth's interest in the good academic standing andregular school attendance of such minors; and (ii) upon payment of a fee of$2.40 per year, based on the period of the license's validity. For applicantsattending public schools, good academic standing may be certified by thepublic school principal or any of his designees. For applicants attendingnonpublic schools, such certification shall be made by the private schoolprincipal or any of his designees; for minors receiving home schooling, suchcertification shall be made by the home schooling parent or tutor. Any minorproviding proper evidence of the solemnization of his marriage or a certifiedcopy of a court order of emancipation shall not be required to provide thecertification of good academic standing or any written authorization from hisparent or guardian to obtain a driver's license.

H. For those home schooled students completing driver education coursesapproved by the Board of Education and instructed by his own parent orguardian, no driver's license shall be issued until the student hassuccessfully completed the driver's license examination administered by theDepartment. Furthermore, the Commissioner shall not issue a driver's licensefor those home schooled students completing driver education courses approvedby the Board of Education and instructed by his own parent or guardian if itis determined by the Commissioner that, at the time of such instruction, suchparent or guardian had accumulated six or more driver demerit points in themost recently preceding 12 months, had been convicted within the most recent11 preceding years of driving while intoxicated in violation of 18.2-266 ora substantially similar law in another state, or had ever been convicted ofvoluntary or involuntary manslaughter in violation of 18.2-35 or 18.2-36or a substantially similar law in another state.

(Code 1950, 46-353, 46-361, 46-363, 46-364; 1950, p. 249; 1952, c. 396;1954, c. 123; 1956, c. 665; 1958, c. 541, 46.1-357; 1960, cc. 110, 424;1962, cc. 254, 482; 1964, c. 617; 1966, c. 36; 1968, c. 642; 1970, c. 41;1972, c. 823; 1973, c. 1; 1974, cc. 223, 542; 1976, c. 8; 1977, cc. 548, 552;1980, c. 165; 1982, c. 287; 1984, c. 780; 1987, cc. 154, 632; 1989, cc. 392,705, 727; 1991, c. 214; 1993, cc. 471, 501; 1995, c. 535; 1996, cc. 943, 994,1011, 1022; 1997, c. 841; 1999, cc. 459, 462, 887; 2001, cc. 659, 665, 851;2003, c. 951.)

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