Code of Virginia

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Chapter 3.
Licensure of Drivers
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  • Article 1.
    Unlicensed Driving Prohibited
    Read all
  • § 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
    Read all
  • § 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
    § 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
    Read all
  • § 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
    § 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
    § 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, advanced practice registered nurse's, or physician assistant's statement
  • Article 4.
    Obtaining Licenses, Generally
    Read all
  • § 46.2-323
    Application for driver's license; proof of completion of driver education program; penalty
    § 46.2-323.01
    Issuance of credentials; relationship with federal law
    § 46.2-323.1
    Certification of Virginia residency; nonresidents not eligible for credentials; 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
    § 46.2-326.1
    (Effective until July 1, 2024) Designation of commercial driver's license skills testing examiners
    § 46.2-326.1
    (Effective July 1, 2024) Designation of commercial driver's license skills testing examiners
    § 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
    § 46.2-328.2
    Department to issue documents; veteran indicator
    § 46.2-328.3
    Driver privilege cards and permits
    § 46.2-329
    Special restrictions on particular licensees
    § 46.2-330
    Expiration and renewal of licenses; examinations required
    § 46.2-331
    § 46.2-332
    § 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
    Read all
  • § 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
    § 46.2-339
    Qualifications of school bus operators; training; examination
    § 46.2-340
    Information concerning school bus drivers and driver education instructors
  • Article 6.1.
    Commercial Driver's Licenses
    Read all
  • § 46.2-341.1
    § 46.2-341.2
    § 46.2-341.3
    Conflicts; supplement to driver licensing statutes
    § 46.2-341.4
    § 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
    § 46.2-341.9:01
    Specialized training required
    § 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 knowledge and 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; validity of results
    § 46.2-341.14:10
    Waiver of requirement that third party tester applicant employ 50 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
    § 46.2-341.20:7
    (Effective until January 1, 2024) Possession of marijuana in commercial motor vehicle unlawful; civil penalty
    § 46.2-341.20:7
    (Effective January 1, 2024) Possession of marijuana in commercial motor vehicle unlawful; civil 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
    § 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
    § 46.2-341.26:9
    Assurance of breath test validity; use of breath tests as evidence
    § 46.2-341.26:10
    § 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
    § 46.2-341.34
  • Article 7.
    Form of Licenses; Identity Documents Issued by Department
    Read all
  • § 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
    § 46.2-345.2
    Issuance of special identification cards without photographs; fee; confidentiality; penalties
    § 46.2-345.3
    Issuance of identification privilege cards; fee; confidentiality; penalties
  • Article 8.
    Prohibited Uses of Driver's Licenses
    Read all
  • § 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 10.
    Driver Responsibilities, Generally
    Read all
  • § 46.2-364
    § 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
    Read all
  • § 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
    Read all
  • § 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
    § 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 certain offenses; 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
    § 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
  • Article 13.
    Suspension of Licenses for Unsatisfied Judgments and After Certain Accidents
    Read all
  • § 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
    Read all
  • § 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
    Read all
  • § 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
    Read all
  • § 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
    Read all
  • § 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
    Read all
  • § 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