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2017 Code of Virginia
Title 46.2 - Motor Vehicles
Chapter 3 - Licensure of Drivers
Article 1. Unlicensed Driving Prohibited
- § 46.2-300. Driving without license prohibited; penalties
- § 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked
- § 46.2-301.1. Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle
- § 46.2-302. Driving while restoration of license is contingent on furnishing proof of financial responsibility
Article 2. When License Not Required
- § 46.2-303. Licenses not required for operating road roller or farm tractor
- § 46.2-304. Limited operation of farm tractor by persons convicted of driving under influence of intoxicants or drugs
- § 46.2-305. Exemption of persons in armed services
- § 46.2-306. Exemption of armed services personnel and spouses and dependent children of armed services personnel
- § 46.2-307. Nonresidents licensed under laws of home state or country; extension of reciprocal privileges
- § 46.2-308. Temporary exemption for new resident licensed under laws of another state; privately owned vehicle driver's licenses
- § 46.2-309. Repealed
- § 46.2-310. Localities may not require license except for taxicabs; prosecutions for operation of vehicle without license or while suspended
Article 3. Persons Not to Be Licensed
- § 46.2-311. Persons having defective vision; minimum standards of visual acuity and field of vision; tests of vision
- § 46.2-312. Persons using bioptic telescopic lenses
- § 46.2-313. Persons with suspended or revoked licenses
- § 46.2-314. Repealed
- § 46.2-315. Disabled persons
- § 46.2-316. Persons convicted or found not innocent of certain offenses; requirement of proof of financial responsibility for certain offenses
- § 46.2-317. Persons making false statement in application
- § 46.2-318. Cancellation or revocation of license where application is false in material particular
- § 46.2-319. Refusal or revocation of license for certain fraudulent acts in obtaining a driver's license
- § 46.2-320. Other grounds for refusal or suspension
- § 46.2-320.1. Other grounds for suspension; nonpayment of child support
- § 46.2-320.2. Other grounds for suspension; nonpayment of fees owed to local correctional facilities or regional jails
- § 46.2-321. Appeal from denial, suspension, or revocation of license; operation of vehicle pending appeal
- § 46.2-322. Examination of licensee believed incompetent; suspension or restriction of license; license application to include questions as to physical or mental conditions of applicant; false answers; examination of applicant; physician's, nurse practitioner's, or physician assistant's statement
Article 4. Obtaining Licenses, Generally
- § 46.2-323. Application for driver's license; proof of completion of driver education program; penalty
- § 46.2-323.01. Issuance of documents; relationship with federal law
- § 46.2-323.1. Certification of Virginia residency; nonresidents not to be issued driver's licenses, commercial driver's licenses, learner's permits, or special identification card; penalty
- § 46.2-324. Applicants and license holders to notify Department of change of address; fee
- § 46.2-324.1. Requirements for initial licensure of certain applicants
- § 46.2-325. Examination of applicants; waiver of Department's examination under certain circumstances; behind-the-wheel and knowledge examinations
- § 46.2-326. Designation of examiners; conduct of examination; reports
- § 46.2-327. Copies of applications; record of licenses and learner's permits issued, suspended, or revoked
- § 46.2-328. Department to issue licenses; endorsements, classifications, and restrictions authorizing operation of certain vehicles
- § 46.2-328.1. Licenses, permits and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance
- § 46.2-329. Special restrictions on particular licensees
- § 46.2-330. Expiration and renewal of licenses; examinations required
- § 46.2-331. Repealed
- § 46.2-332. Fees
- § 46.2-333. Disposition of fees; expenses
- § 46.2-333.1. Surcharges on certain fees of Department; disposition of proceeds
Article 5. Licensure of Minors, Student Drivers, School Bus Drivers, and Motorcyclists
- § 46.2-334. Conditions and requirements for licensure of persons under 18
- § 46.2-334.001. Court to suspend driver's license issued to certain minors
- § 46.2-334.01. Licenses issued to persons less than 18 years old subject to certain restrictions
- § 46.2-334.02. Licenses issued to persons less than twenty years old subject to certain restrictions
- § 46.2-334.1. Knowledge test; waiting period prior to reexamination
- § 46.2-335. Learner's permits; fees; certification required
- § 46.2-335.1. Knowledge test; waiting period prior to reexamination
- § 46.2-335.2. Learner's permits; required before driver's license; minimum holding period
- § 46.2-336. Manner of issuing original driver's licenses to minors
- § 46.2-337. Examination and road test required for license to operate motorcycle; regulations
- § 46.2-338. Repealed
- § 46.2-339. Qualifications of school bus driver; examination
- § 46.2-340. Information concerning school bus drivers and driver education instructors
Article 6. Licensure of Commercial Vehicle Drivers
Article 6.1. Commercial Driver's Licenses
- § 46.2-341.1. Title
- § 46.2-341.2. Statement of intent and purpose [Not set out]
- § 46.2-341.3. Conflicts; supplement to driver licensing statutes
- § 46.2-341.4. Definitions
- § 46.2-341.5. Regulations consistent with Commercial Motor Vehicle Safety Act
- § 46.2-341.6. Limitation on number of driver's licenses
- § 46.2-341.7. Commercial driver's license required; penalty
- § 46.2-341.8. Nonresidents and new residents
- § 46.2-341.9. Eligibility for commercial driver's license or commercial learner's permit
- § 46.2-341.9:1. Commissioner to grant variances for commercial drivers transporting hazardous wastes
- § 46.2-341.10. Special provisions relating to commercial learner's permit
- § 46.2-341.10:1. Seasonal restricted commercial drivers' licenses
- § 46.2-341.11. Commercial drivers required to notify the Department of change of address
- § 46.2-341.12. Application for commercial driver's license or commercial learner's permit
- § 46.2-341.13. Disposition of fees
- § 46.2-341.14. Testing requirements for commercial driver's license; behind-the-wheel and knowledge examinations
- § 46.2-341.14:01. Military third party testers and military third party examiners; substitute for driving skills tests for drivers with military commercial motor vehicle experience
- § 46.2-341.14:1. Requirements for third party testers
- § 46.2-341.14:2. Requirements for third party examiners
- § 46.2-341.14:3. Application for certification by the Department
- § 46.2-341.14:4. Certification by the Department
- § 46.2-341.14:5. Terminating certification of third party tester or examiner
- § 46.2-341.14:6. Onsite inspections and audits
- § 46.2-341.14:7. Notification requirements
- § 46.2-341.14:8. Test administration
- § 46.2-341.14:9. The skills test certificate
- § 46.2-341.14:10. Waiver of requirement that third party tester applicant employ 75 drivers
- § 46.2-341.15. Commercial driver's license and commercial learner's permit document
- § 46.2-341.16. Vehicle classifications, restrictions, and endorsements
- § 46.2-341.16:1. Conformance with requirements of U.S.A. Patriot Act of 2001
- § 46.2-341.17. Penalty for violation of this article
- § 46.2-341.18. Disqualification for certain offenses
- § 46.2-341.18:01. Disqualification for violation of out-of-service order; commercial motor vehicle designed to transport 16 or more passengers; commercial motor vehicle used to transport hazardous materials
- § 46.2-341.18:1. Disqualification for certain alcohol-related offenses committed in other jurisdictions whose laws provide for disqualification for such offenses without a conviction
- § 46.2-341.18:2. Disqualification for use of urine-masking agent or device
- § 46.2-341.18:3. Cancellation of commercial driver's license endorsement for certain offenders
- § 46.2-341.19. Controlled substance felony; disqualification
- § 46.2-341.20. Disqualification for multiple serious traffic violations
- § 46.2-341.20:1. Disqualification for railroad/highway grade crossing violations
- § 46.2-341.20:2. Employer penalty; railroad/highway grade crossing violations; out-of-service order violation
- § 46.2-341.20:3. Disqualification for determination of imminent hazard
- § 46.2-341.20:4. Disqualification of driver convicted of fraud related to the testing and issuance of a commercial learner's permit or commercial driver's license
- § 46.2-341.20:5. Prohibition on texting and use of handheld mobile telephone; penalties
- § 46.2-341.20:6. Prohibition on requiring use of handheld mobile telephone or texting; motor carrier penalty
- § 46.2-341.21. Driving while disqualified; penalties
- § 46.2-341.22. Requirements upon disqualification
- § 46.2-341.23. Offenses under substantially similar laws
- § 46.2-341.24. Driving a commercial motor vehicle while intoxicated, etc.
- § 46.2-341.25. Preliminary analysis of breath of commercial drivers to determine alcohol content of blood
- § 46.2-341.26. Repealed
- § 46.2-341.26:1. Use of chemical tests to determine alcohol or drug content of blood of commercial driver; definitions
- § 46.2-341.26:2. Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver
- § 46.2-341.26:3. Refusal of tests; issuance of out-of-service orders; disqualification
- § 46.2-341.26:4. Appeal and trial; sanctions for refusal; procedures
- § 46.2-341.26:5. Qualifications and liability of persons authorized to take blood samples; procedure for taking samples
- § 46.2-341.26:6. Transmission of blood samples
- § 46.2-341.26:7. Transmission of samples
- § 46.2-341.26:8. Fees
- § 46.2-341.26:9. Assurance of breath test validity; use of breath tests as evidence
- § 46.2-341.26:10. Evidence
- § 46.2-341.26:11. Substantial compliance
- § 46.2-341.27. Presumptions from alcohol and drug content of blood
- § 46.2-341.28. Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction
- § 46.2-341.29. Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04
- § 46.2-341.30. Disqualification for driving commercial motor vehicle while intoxicated, etc.
- § 46.2-341.31. Driving commercial motor vehicle with any alcohol in blood
- § 46.2-341.32. Authority to enter into agreements
- § 46.2-341.33. Repealed
- § 46.2-341.34. Appeals
Article 7. Form of Licenses; Identity Documents Issued by Department
- § 46.2-342. What license to contain; organ donor information; Uniform Donor Document
- § 46.2-343. Duplicate driver's license, reissued driver's licenses, learner's permit; fees
- § 46.2-344. Temporary driver's permit
- § 46.2-345. Issuance of special identification cards; fee; confidentiality; penalties
- § 46.2-345.1. Veterans identification card; fee
Article 8. Prohibited Uses of Driver's Licenses
- § 46.2-346. Unlawful acts enumerated
- § 46.2-347. Fraudulent use of driver's license or Department of Motor Vehicles identification card to obtain alcoholic beverages; penalties
- § 46.2-348. Fraud or false statements in applications for license; penalties
- § 46.2-349. Unlawful to permit violations of chapter
- § 46.2-350. Penalty for violation
Article 9. Habitual Offenders
- § 46.2-351. Repealed
- § 46.2-355.1. Intervention required for certain offenders; fee; penalty; notice
- § 46.2-356. Period during which habitual offender not to be licensed to drive motor vehicle
- § 46.2-357. Operation of motor vehicle or self-propelled machinery or equipment by habitual offender prohibited; penalty; enforcement of section
- § 46.2-358. Restoration of privilege of driving motor vehicle; when petition may be brought; terms and conditions
- § 46.2-359. Restoration of driving privilege to certain persons
- § 46.2-360. Restoration of privilege of operating motor vehicle; restoration of privilege to persons convicted under certain other provisions of Habitual Offender Act
- § 46.2-361. Restoration of privilege after driving while license revoked or suspended for failure to pay fines or costs, furnish proof of financial responsibility or pay uninsured motorist fee
- § 46.2-362. Appeals
- § 46.2-363. Construction of article
Article 10. Driver Responsibilities, Generally
- § 46.2-364. Definitions
- § 46.2-365. Plaintiff not prevented from relying upon other legal process
- § 46.2-366. Partial application to certain motor vehicles
- § 46.2-367. Persons included within scope of chapter
- § 46.2-368. Certificate of self-insurance exempts from chapter
- § 46.2-369. Commissioner to administer and enforce chapter; regulations; summoning witnesses and taking testimony
- § 46.2-370. Revoked driver's licenses, special identification cards, certificates of title, license plates, registration cards to be returned; Commissioner may take possession of them
Article 11. Accident Reports
- § 46.2-371. Driver to give immediate notice of certain accidents
- § 46.2-372. Driver to report certain accidents in writing; certification of financial responsibility to Department; supplemental reports; reports by witnesses
- § 46.2-373. Report by law-enforcement officer investigating accident
- § 46.2-373.1. Report of law-enforcement officer involved in accident
- § 46.2-374. Department to prepare and supply forms for reports
- § 46.2-375. Reports by medical examiners of deaths resulting from accidents
- § 46.2-376. Report required of person in charge of garage or repair shop
- § 46.2-377. Reports made by garages to be without prejudice and confidential; exceptions
- § 46.2-378. Extent to which reports may be used as evidence
- § 46.2-379. Use of crash reports made by investigating officers
- § 46.2-380. Reports made under certain sections open to inspection by certain persons; copies; maintenance of reports and photographs for three-year period
- § 46.2-381. Accident reports required by county or municipal ordinance; copies
- § 46.2-382. Courts to keep full records of certain cases
- § 46.2-382.1. Courts to make findings relating to commercial motor vehicles
- § 46.2-383. Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports
- § 46.2-384. Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcripts of drivers' conviction records
- § 46.2-385. Prosecuting attorneys to appear in certain cases
- § 46.2-386. Forms for and information to be contained in abstracts; certification
- § 46.2-387. Penalty for failure to forward record of conviction or of judgment for damages
- § 46.2-388. Uniform summons to be used for reportable motor vehicle law violations; citations
Article 12. Suspension and Revocation of Licenses, Generally; Additional Penalties
- § 46.2-389. Required revocation for one year upon conviction or finding of guilty of certain offenses; exceptions
- § 46.2-390. Required suspension for conviction of theft or unauthorized use of a motor vehicle
- § 46.2-390.1. Required revocation for conviction of drug offenses or deferral of proceedings
- § 46.2-391. Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege
- § 46.2-391.01. Administrative enforcement of ignition interlock requirements
- § 46.2-391.1. Suspension of registration certificates and plates upon suspension or revocation of driver's license
- § 46.2-391.2. Administrative suspension of license or privilege to operate a motor vehicle
- § 46.2-391.3. Content of notice of suspension
- § 46.2-391.4. When suspension to be rescinded
- § 46.2-391.5. Preparation and distribution of forms
- § 46.2-392. Suspension of license or issuance of a restricted license on conviction of reckless or aggressive driving; probationary conditions required; generally
- § 46.2-393. Suspension of license on conviction of certain reckless offenses; restricted licenses
- § 46.2-394. Revocation of license for fourth conviction of certain offenses
- § 46.2-395. Suspension of license for failure or refusal to pay fines or costs
- § 46.2-396. Suspension of license for reckless driving resulting in death of any person
- § 46.2-396.1. Conviction of serious driving offense
- § 46.2-397. Suspension of license for certain violations while transporting explosives, inflammable gas or liquid
- § 46.2-398. Disposition of surrendered licenses on revocation or suspension
- § 46.2-398.1. Issuance of restricted driver's privilege to out-of-state licensees
- § 46.2-399. Revocation of license for improper use or failure to pay certain taxes
- § 46.2-400. Suspension of license of person not competent to drive; restoration of license; duty of clerk of the court
- § 46.2-401. Reports to Commissioner of discharge of individuals from state facilities
- § 46.2-402. When Commissioner may suspend or revoke license for not more than one year after hearing
- § 46.2-403. Contents of notice of hearing
- § 46.2-404. Where and before whom hearing held
- § 46.2-405. How hearings to be conducted
- § 46.2-406. Appointment and authority of hearing officers
- § 46.2-407. Form and contents of decision; copies
- § 46.2-408. When Commissioner may suspend or revoke license for no more than five years
- § 46.2-409. Certain abstracts of conviction to be prima facie evidence of conviction
- § 46.2-410. Appeals from order suspending or revoking license or registration
- § 46.2-410.1. Judicial review of revocation or suspension by Commissioner
- § 46.2-410.2. License suspension or revocation by Commissioner; offenses under the laws of other jurisdictions
- § 46.2-411. Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee
- § 46.2-411.1. Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated
- § 46.2-412. Time suspension or revocation
- § 46.2-413. Effect of reversal of conviction
- § 46.2-414. Commencement of periods for suspension or revocation of licenses, registration cards, or license plates
- § 46.2-415. United States magistrates and judges of district courts authorized to revoke or suspend driver's license under certain conditions
- § 46.2-416. Notice of suspension or revocation of license
- § 46.2-416.1. Suspension for failure to comply with traffic citation issued under federal law
Article 13. Suspension of Licenses for Unsatisfied Judgments and After Certain Accidents
- § 46.2-417. Suspension for failure to satisfy motor vehicle accident judgment; exceptions; insurance in liquidated company; insurer obligated to pay judgment
- § 46.2-418. Nonpayment of judgments of Virginia and other states
- § 46.2-419. When judgment satisfied
- § 46.2-420. Order for payment of judgment in installments
- § 46.2-421. Effect of order for such payment and proof of financial responsibility
- § 46.2-422. Suspension on failure to pay installments
- § 46.2-423. Creditor's consent to license notwithstanding default in payment
- § 46.2-424. Duty of insurance carrier after notice of accident; report of omissions by insurers to State Corporation Commission; investigation and assessment for omissions
- § 46.2-425. Driver or owner having no license issued by Department
- § 46.2-426. Custody and application of cash or securities deposited; limitation of actions; assignment
- § 46.2-427. When suspensions to remain effective; relief from furnishing proof of financial responsibility; prohibition against registration in name of another person
- § 46.2-428. Commonwealth responsible for deposits
- § 46.2-429. Release of deposits only upon consent of Commissioner
Article 14. Suspension of Licenses of Nonresidents or for Accidents in Other States
- § 46.2-430. Power over nonresidents
- § 46.2-431. Chapter applies to nonresidents
- § 46.2-432. Failure of nonresident to report accident
- § 46.2-433. Notification of officers in nonresident's home state
- § 46.2-434. Conviction of or judgment against resident in another jurisdiction
Article 15. Proof of Financial Responsibility
- § 46.2-435. Proof of financial responsibility to be furnished for each vehicle
- § 46.2-436. Methods of proving financial responsibility
- § 46.2-437. Proof of financial responsibility by owner in lieu of driver
- § 46.2-438. Proof by owner of vehicles operated under permit or certificate of State Corporation Commission or Department of Motor Vehicles
- § 46.2-439. Certificate of insurance carrier
- § 46.2-440. Certificate for nonresident may be by carrier not qualified in Commonwealth
- § 46.2-441. Nonresident may file proof of future financial responsibility of insurance company or other state-authorized entity providing insurance
- § 46.2-442. Default of foreign insurance carrier
- § 46.2-443. Chapter not applicable to certain policies of insurance
- § 46.2-444. Surety requirements of bond
- § 46.2-445. How bond to be conditioned
- § 46.2-446. Notice to Commissioner prerequisite to cancellation of bond; cancellation not to affect rights arising prior thereto
- § 46.2-447. Bond to constitute lien on real estate of surety
- § 46.2-448. Notice of cancellation; record; fees
- § 46.2-449. Cancellation of bond with individual sureties; certificates of cancellation
- § 46.2-450. Order discharging lien of bond
- § 46.2-451. Action or suit on bond
- § 46.2-452. Parties to suit on bond with individual sureties
- § 46.2-453. Proof of financial responsibility by delivering cash or securities
- § 46.2-454. Moneys or securities to be deposited with State Treasurer subject to execution
- § 46.2-455. Assessment for expense of holding deposits
- § 46.2-456. Additional security if fund impaired by any legal process, or otherwise
- § 46.2-457. Substitution of new proof; cancellation or return of old
- § 46.2-458. Interpleader to determine rights in deposits; other proceedings
- § 46.2-459. When other proof of financial responsibility required; suspension of license pending furnishing of proof required
- § 46.2-460. When Commissioner to consent to cancellation of bond or policy, or return of money or securities
- § 46.2-461. When Commissioner not to release proof of financial responsibility; affidavit of nonexistence of facts
- § 46.2-462. New license or registration to person to whom proof surrendered
- § 46.2-463. Penalty for forging evidence of financial responsibility
Article 16. Assignment of Insurance Risks
- § 46.2-464. Application for assignment of risk to insurance carrier
- § 46.2-465. Optional coverage for persons occupying insured motor vehicle and for named insured and his family
- § 46.2-466. Regulations for assignment, rate classifications, and schedules
- § 46.2-467. Action within power of Commission
- § 46.2-468. Information filed with Commission by insurance carrier confidential
- § 46.2-469. Commission not required to disclose reasons for action; liability of Commission for act or omission
- § 46.2-470. Assignment of risks for nonresidents
- § 46.2-471. Assignment of risks for certain carriers
Article 17. Motor Vehicle Liability Insurance Policies
- § 46.2-472. Coverage of owner's policy
- § 46.2-473. Coverage of driver's policy
- § 46.2-474. Policy must contain certain agreement; additional coverage
- § 46.2-475. Policy must comply with law
- § 46.2-476. Liability covered by workers' compensation law
- § 46.2-477. When chapter applicable to policy
- § 46.2-478. Several policies together meeting requirements of chapter
- § 46.2-479. Provisions to which every policy shall be subject but need not contain
- § 46.2-480. Reimbursement of carrier and proration of insurance
- § 46.2-481. Binder or endorsement in lieu of policy
- § 46.2-482. Notification of cancellation or termination of certified policy
Article 18. Driver License Compact
- § 46.2-483. Compact enacted into law; terms
- § 46.2-484. Department of Motor Vehicles to be "licensing authority" within meaning of compact; duties of Department
- § 46.2-485. Compensation and expenses of compact administrator
- § 46.2-486. Governor to be "executive head" within meaning of compact
- § 46.2-487. Statutes and ordinances deemed to cover offenses specified in subdivision (a) of Article IV of compact
- § 46.2-488. Question to be included in application for driver's license; surrender of license issued by another party state
Article 19. Driver Improvement Program
- § 46.2-489. Regulations; appeals
- § 46.2-490. Establishment of driver improvement clinic program; application fees
- § 46.2-490.1. Section 46.2-391.1 not applicable
- § 46.2-490.2. Repealed
- § 46.2-490.3. Definitions
- § 46.2-490.4. Action on applications; hearing on denial
- § 46.2-490.5. Suspension, revocation, cancellation or refusal to renew clinic license or instructor license; imposition of monetary penalties
- § 46.2-490.6. Civil penalties
- § 46.2-490.7. Acts of owners, operators, officers, directors, partners, and instructors
- § 46.2-490.8. Grounds for denying, suspending, or revoking licenses of clinics and clinic instructors
- § 46.2-490.9. Unlawful acts; prosecution; proceedings in equity
- § 46.2-490.10. Changes in form of ownership or name
- § 46.2-490.11. Reports, records of licensed computer-based clinic providers
- § 46.2-491. Persons included within scope of article
- § 46.2-492. Uniform Demerit Point System
- § 46.2-493. Demerit points valid for two years
- § 46.2-494. Safe driving point credit
- § 46.2-495. Advisory letters
- § 46.2-496. Repealed
- § 46.2-498. Driver improvement clinics; voluntary attendance
- § 46.2-499. Driver's license probation
- § 46.2-500. Driver control period
- § 46.2-501. Notice to attend driver improvement clinic
- § 46.2-502. Clinic fees
- § 46.2-503. Suspension of privilege to operate a motor vehicle for failure to attend clinics
- § 46.2-504. Form and contents of order of probation, suspension or revocation; service
- § 46.2-505. Court may direct defendant to attend driver improvement clinic
- § 46.2-506. Formal hearings; suspension for excessive point accumulation
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