Code of Virginia
Chapter 3 - Licensure of Drivers
§ 46.2-320.2. Repealed

Repealed by Acts 2020, cc. 740 and 741, cl. 2.

Structure Code of Virginia

Code of Virginia

Title 46.2 - Motor Vehicles

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

§ 46.2-301.1. 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

§ 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 Repealed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

§ 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 Repealed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. Repealed

§ 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 pra...

§ 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. 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. 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

§ 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 operators; training; examination

§ 46.2-340. Information concerning school bus drivers and driver education instructors

§ 46.2-341. Repealed

§ 46.2-341.1. Title

§ 46.2-341.2. Repealed

§ 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

§ 46.2-341.9:01. 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. 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. 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

§ 46.2-342. (Effective until July 1, 2023) What license to contain; organ donor information; Uniform Donor Document

§ 46.2-342. (Effective July 1, 2023) 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. (Effective until July 1, 2023) Issuance of special identification cards; fee; confidentiality; penalties

§ 46.2-345.1. Repealed

§ 46.2-345. (Effective July 1, 2023) Issuance of special identification cards; fee; confidentiality; penalties

§ 46.2-345.2. (Effective until July 1, 2023) Issuance of special identification cards without photographs; fee; confidentiality; penalties

§ 46.2-345.2. (Effective July 1, 2023) Issuance of special identification cards without photographs; fee; confidentiality; penalties

§ 46.2-345.3. (Effective until July 1, 2023) Issuance of identification privilege cards; fee; confidentiality; penalties

§ 46.2-345.3. (Effective July 1, 2023) Issuance of identification privilege cards; fee; confidentiality; penalties

§ 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

§ 46.2-351. Repealed

§ 46.2-355.1. Repealed

§ 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

§ 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

§ 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. Repealed

§ 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. Repealed

§ 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. Repealed

§ 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

§ 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

§ 46.2-438. 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

§ 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

§ 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

§ 46.2-484. 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

§ 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