2006 Code of Virginia § 46.2-483 - Compact enacted into law; terms

46.2-483. Compact enacted into law; terms.

The Driver License Compact is hereby enacted into law and entered into withall other jurisdictions legally joining therein in the form substantially asfollows:

THE DRIVER LICENSE COMPACT

Article I

Findings and Declaration of Policy

(a) The party states find that:

(1) The safety of their streets and highways is materially affected by thedegree of compliance with state and local ordinances relating to theoperation of motor vehicles.

(2) Violation of such a law or ordinance is evidence that the violatorengages in conduct which is likely to endanger the safety of persons andproperty.

(3) The continuance in force of a license to drive is predicated uponcompliance with laws and ordinances relating to the operation of motorvehicles, in whichever jurisdiction the vehicle is operated.

(b) It is the policy of each of the party states to:

(1) Promote compliance with the laws, ordinances, and administrative rulesand regulations relating to the operation of motor vehicles by theiroperators in each of the jurisdictions where such operators drive motorvehicles.

(2) Make the reciprocal recognition of licenses to drive and eligibilitytherefor more just and equitable by considering the overall compliance withmotor vehicle laws, ordinances and administrative rules and regulations as acondition precedent to the continuance or issuance of any license by reasonof which the licensee is authorized or permitted to operate a motor vehiclein any of the party states.

Article II

Definitions

As used in this compact:

(a) "State" means a state, territory or possession of the United States,the District of Columbia, or the Commonwealth of Puerto Rico.

(b) "Home state" means the state which has issued and has the power tosuspend or revoke the use of the license or permit to operate a motor vehicle.

(c) "Conviction" means a conviction of any offense related to the use oroperation of a motor vehicle which is prohibited by state law, municipalordinance or administrative rule or regulation, or a forfeiture of bail,bond, or other security deposited to secure appearance by a person chargedwith having committed any such offense, and which conviction or forfeiture isrequired to be reported to the licensing authority.

Article III

Reports of Conviction

The licensing authority of a party state shall report each conviction of aperson from another party state occurring within its jurisdiction to thelicensing authority of the home state of the licensee. Such report shallclearly identify the person convicted; describe the violation specifying thesection of the statute, code or ordinance violated; identify the court inwhich action was taken; indicate whether a plea of guilty or not guilty wasentered, or the conviction was a result of the forfeiture of bail, bond orother security; and shall include any special findings made in connectiontherewith.

Article IV

Effect of Conviction

(a) The licensing authority in the home state, for the purposes ofsuspension, revocation or limitation of the license to operate a motorvehicle, shall give the same effect to the conduct reported, pursuant toArticle III of this compact, as it would if such conduct had occurred in thehome state, in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of amotor vehicle;

(2) Driving a motor vehicle while under the influence of intoxicating liquoror a narcotic drug, or under the influence of any other drug to a degreewhich renders the driver incapable of safely driving a motor vehicle;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Failure to stop and render aid in the event of a motor vehicle accidentresulting in the death or personal injury of another.

(b) As to other convictions, reported pursuant to Article III, the licensingauthority in the home state shall give such effect to the conduct as isprovided by the laws of the home state.

(c) If the laws of a party state do not provide for offenses or violationsdenominated or described in precisely the words employed in subdivision (a)of this article, such party state shall construe the denominations anddescriptions appearing in subdivision (a) hereof as being applicable to andidentifying those offenses or violations of a substantially similar natureand the laws of such party state shall contain such provisions as may benecessary to ensure that full force and effect is given to this article.

Article V

Applications for New Licenses

Upon application for a license to drive, the licensing authority in a partystate shall ascertain whether the applicant has ever held, or is the holderof a license to drive issued by any other party state. The licensingauthority in the state where application is made shall not issue a license todrive to the applicant if:

(1) The applicant has held such a license, but the same has been suspended byreason, in whole or in part, of a violation and if such suspension period hasnot terminated.

(2) The applicant has held such a license, but the same has been revoked byreason, in whole or in part, of a violation and if such revocation has notterminated, except that after the expiration of one year from the date thelicense was revoked, such person may make application for a new license ifpermitted by law. The licensing authority may refuse to issue a license toany such applicant if, after investigation, the licensing authoritydetermines that it will not be safe to grant to such person the privilege ofdriving a motor vehicle on the public highways.

(3) The applicant is the holder of a license to drive issued by another partystate and currently in force unless the applicant surrenders such license.

Article VI

Applicability of Other Laws

Except as expressly required by provisions of this compact, nothing containedherein shall be construed to affect the right of any party state to apply anyof its other laws relating to licenses to drive to any person orcircumstance, nor to invalidate or prevent any driver license agreement orother cooperative arrangement between a party state and a nonparty state.

Article VII

Compact Administrator and Interchange of Information

(a) The head of the licensing authority of each party state shall be theadministrator of this compact for his state. The administrators, actingjointly, shall have the power to formulate all necessary and properprocedures for the exchange of information under this compact.

(b) The administrator of each party state shall furnish to the administratorof each other party state any information or documents reasonably necessaryto facilitate the administration of this compact.

Article VIII

Entry Into Force and Withdrawal

(a) This compact shall enter into force and become effective as to any statewhen it has enacted the same into law.

(b) Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until six monthsafter the executive head of the withdrawing state has given notice of thewithdrawal to the executive heads of all other party states. No withdrawalshall affect the validity or applicability by the licensing authorities ofstates remaining party to the compact of any report of conviction occurringprior to the withdrawal.

Article IX

Construction and Severability

This compact shall be liberally construed so as to effectuate the purposesthereof. The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any party state or of the United States orthe applicability thereof to any government, agency, person or circumstanceis held invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state party thereto, the compact shall remain in fullforce and effect as to the remaining states and in full force and effect asto the state affected as to all severable matters.

(1968, c. 166, 46.1-167.8; 1989, c. 727.)