A. The Department shall not issue a driver's license or learner's permit to any resident or nonresident person while his license or other privilege to drive is suspended or revoked because of his conviction, or finding of not innocent in the case of a juvenile, or forfeiture of bail upon the following charges of offenses committed in violation of either a law of the Commonwealth or a valid local ordinance or of any federal law or law of any other state or any valid local ordinance of any other state:
1. Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
2. Perjury, the making of a false affidavit to the Department under any law requiring the registration of motor vehicles or regulating their operation on the highways, or the making of a false statement in any application for a driver's license.
3. Any crime punishable as a felony under the motor vehicle laws or any felony in the commission of which a motor vehicle is used.
4. Violation of the provisions of § 18.2-51.4, pertaining to maiming while under the influence, § 18.2-266, pertaining to driving while under the influence of intoxicants or drugs, or of § 18.2-272, pertaining to driving while the driver's license has been forfeited for a conviction, or finding of not innocent in the case of a juvenile, under §§ 18.2-51.4, 18.2-266 or § 18.2-272, or for violation of the provisions of any federal law or law of any other state or any valid local ordinance similar to §§ 18.2-51.4, 18.2-266 or § 18.2-272.
5. Failure of a driver of a motor vehicle, involved in an accident resulting in death or injury to another person, to stop and disclose his identity at the scene of the accident.
6. On a charge of operating or permitting the operation, for the second time, of a passenger automobile for the transportation of passengers for rent or for hire, without having first obtained a license for the privilege as provided in § 46.2-694.
B. Except as provided in subsection C, the Department shall not issue a driver's license or learner's permit to any person convicted of a crime mentioned in subsection A of this section for a further period of three years after he otherwise becomes entitled to a license or permit until he proves to the Commissioner his ability to respond in damages as provided in Article 15 (§ 46.2-435 et seq.) of Chapter 3 of this title or any other law of the Commonwealth requiring proof of financial responsibility.
C. In addition to the prohibition on licensure set forth in subsection A, the Department shall not issue or reinstate a driver's license or learner's permit to any person convicted of a violation set forth in subdivision A 4 for a period of three years after he otherwise becomes entitled to a license or permit until he furnishes proof of financial responsibility in the future under a motor vehicle liability insurance policy that satisfies the requirements of § 46.2-472 except that the limits of coverage exclusive of interest and costs, with respect to each motor vehicle insured under the policy, shall be not less than double the minimum limits set forth in subdivision A 3 of § 46.2-472 for bodily injury or death of one person in any one accident, for bodily injury to or death of two or more persons in any one accident, and for injury to or destruction of property of others in any one accident.
Code 1950, § 46-358; 1958, c. 541, § 46.1-362; 1960, c. 364; 1966, c. 549; 1974, c. 453; 1980, c. 29; 1984, c. 780; 1989, c. 727; 1997, c. 691; 2007, c. 496.
Structure Code of Virginia
Chapter 3 - Licensure of Drivers
§ 46.2-300. Driving without license prohibited; penalties
§ 46.2-301. Driving while license, permit, or privilege to drive suspended or revoked
§ 46.2-303. Licenses not required for operating road roller or farm tractor
§ 46.2-305. Exemption of persons in armed services
§ 46.2-312. Persons using bioptic telescopic lenses
§ 46.2-313. Persons with suspended or revoked licenses
§ 46.2-317. Persons making false statement in application
§ 46.2-318. Cancellation or revocation of license where application is false in material particular
§ 46.2-320. Other grounds for refusal or suspension
§ 46.2-320.1. Other grounds for suspension; nonpayment of child support
§ 46.2-323.01. Issuance of credentials; relationship with federal law
§ 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
§ 46.2-326. Designation of examiners; conduct of examination; reports
§ 46.2-326.1. Designation of commercial driver's license skills testing examiners
§ 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
§ 46.2-333. Disposition of fees; expenses
§ 46.2-333.1. Surcharges on certain fees of Department; disposition of proceeds
§ 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
§ 46.2-339. Qualifications of school bus operators; training; examination
§ 46.2-340. Information concerning school bus drivers and driver education instructors
§ 46.2-341.3. Conflicts; supplement to driver licensing statutes
§ 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
§ 46.2-341.14:1. 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
§ 46.2-341.18:2. 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
§ 46.2-341.20:3. Disqualification for determination of imminent hazard
§ 46.2-341.20:5. Prohibition on texting and use of handheld mobile telephone; penalties
§ 46.2-341.20:7. 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.
§ 46.2-341.26:3. Refusal of tests; issuance of out-of-service orders; disqualification
§ 46.2-341.26:4. Appeal and trial; sanctions for refusal; procedures
§ 46.2-341.26:6. Transmission of blood samples
§ 46.2-341.26:7. Transmission of samples
§ 46.2-341.26:9. Assurance of breath test validity; use of breath tests as evidence
§ 46.2-341.26:11. Substantial compliance
§ 46.2-341.27. Presumptions from alcohol and drug content of blood
§ 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
§ 46.2-343. Duplicate driver's license, reissued driver's licenses, learner's permit; fees
§ 46.2-344. Temporary driver's permit
§ 46.2-346. Unlawful acts enumerated
§ 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
§ 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
§ 46.2-371. Driver to give immediate notice of certain accidents
§ 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
§ 46.2-381. 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
§ 46.2-385. 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
§ 46.2-390. Required suspension for conviction of theft or unauthorized use of a motor vehicle
§ 46.2-391.01. Administrative enforcement of ignition interlock requirements
§ 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
§ 46.2-393. Suspension of license on conviction of certain reckless offenses; restricted licenses
§ 46.2-394. Revocation of license for fourth conviction of certain offenses
§ 46.2-396. Suspension of license for reckless driving resulting in death of any person
§ 46.2-396.1. Conviction of serious driving offense
§ 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
§ 46.2-401. 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
§ 46.2-412. Time suspension or revocation
§ 46.2-413. Effect of reversal of conviction
§ 46.2-416. Notice of suspension or revocation of license
§ 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
§ 46.2-425. Driver or owner having no license issued by Department
§ 46.2-428. Commonwealth responsible for deposits
§ 46.2-429. Release of deposits only upon consent of Commissioner
§ 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
§ 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
§ 46.2-439. Certificate of insurance carrier
§ 46.2-440. Certificate for nonresident may be by carrier not qualified in Commonwealth
§ 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
§ 46.2-447. 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
§ 46.2-462. New license or registration to person to whom proof surrendered
§ 46.2-463. Penalty for forging evidence of financial responsibility
§ 46.2-464. Application for assignment of risk to insurance carrier
§ 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
§ 46.2-470. Assignment of risks for nonresidents
§ 46.2-471. Assignment of risks for certain carriers
§ 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
§ 46.2-483. Compact enacted into law; terms
§ 46.2-485. Compensation and expenses of compact administrator
§ 46.2-486. Governor to be "executive head" within meaning of compact
§ 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
§ 46.2-490.4. Action on applications; hearing on denial
§ 46.2-490.7. Acts of owners, operators, officers, directors, partners, and 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
§ 46.2-498. 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
§ 46.2-503. 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