A. Every license issued under this chapter shall bear:
1. For licenses issued or renewed on or after July 1, 2003, a license number which shall be assigned by the Department to the licensee and shall not be the same as the licensee's social security number;
2. A photograph of the licensee;
3. The licensee's full name, year, month, and date of birth;
4. The licensee's address, subject to the provisions of subsection B;
5. A brief description of the licensee for the purpose of identification;
6. A space for the signature of the licensee; and
7. Any other information deemed necessary by the Commissioner for the administration of this title.
No abbreviated names or nicknames shall be shown on any license.
B. At the option of the licensee, the address shown on the license may be either the post office box, business, or residence address of the licensee, provided such address is located in Virginia. However, regardless of which address is shown on the license, the licensee shall supply the Department with his residence address, which shall be an address in Virginia. This residence address shall be maintained in the Department's records. Whenever the licensee's address shown either on his license or in the Department's records changes, he shall notify the Department of such change as required by § 46.2-324.
C. The Department may contract with the United States Postal Service or an authorized agent to use the National Change of Address System for the purpose of obtaining current address information for a person whose name appears in customer records maintained by the Department. If the Department receives information from the National Change of Address System indicating that a person whose name appears in a Department record has submitted a permanent change of address to the Postal Service, the Department may then update its records with the mailing address obtained from the National Change of Address System.
D. The license shall be made of a material and in a form to be determined by the Commissioner.
E. Licenses issued to persons less than 21 years old shall be immediately and readily distinguishable from those issued to persons 21 years old or older. Distinguishing characteristics shall include unique design elements of the document and descriptors within the photograph area to identify persons who are at least 15 years old but less than 21 years old. These descriptors shall include the month, day, and year when the person will become 21 years old.
F. The Department shall establish a method by which an applicant for a driver's license or an identification card may indicate his consent to make an anatomical gift for transplantation, therapy, research, and education pursuant to § 32.1-291.5, and shall cooperate with the Virginia Transplant Council to ensure that such method is designed to encourage organ, tissue, and eye donation with a minimum of effort on the part of the donor and the Department.
G. If an applicant indicates his consent to be a donor pursuant to subsection F, the Department may make a notation of this designation on his license or card and shall make a notation of this designation in his driver record. The notation shall remain on the individual's license or card until he revokes his consent to make an anatomical gift by requesting removal of the notation from his license or card or otherwise in accordance with § 32.1-291.6. Inclusion of a notation indicating consent to making an organ donation on an applicant's license or card pursuant to this subsection shall be sufficient legal authority for removal, following death, of the subject's organs or tissues without additional authority from the donor or his family or estate, in accordance with the provisions of § 32.1-291.8.
H. A minor may make a donor designation pursuant to subsection F without the consent of a parent or legal guardian as authorized by the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et seq.).
I. The Department shall provide a method by which an applicant conducting a Department of Motor Vehicles transaction using electronic means may make a voluntary contribution to the Virginia Donor Registry and Public Awareness Fund (Fund) established pursuant to § 32.1-297.1. The Department shall inform the applicant of the existence of the Fund and also that contributing to the Fund is voluntary.
J. The Department shall collect all moneys contributed pursuant to subsection I and transmit the moneys on a regular basis to the Virginia Transplant Council, which shall credit the contributions to the Fund.
K. When requested by the applicant, and upon presentation of a signed statement by a licensed physician confirming the applicant's condition, the Department shall indicate on the applicant's driver's license that the applicant (i) is an insulin-dependent diabetic, (ii) is deaf or hard of hearing or speech impaired, (iii) has a traumatic brain injury, or (iv) has an intellectual disability, as defined in § 37.2-100, or autism spectrum disorder, as defined in § 38.2-3418.17. Any request for a traumatic brain injury indicator on an applicant's driver's license shall be accompanied by a form prescribed by the Commissioner and completed by a licensed physician.
L. In the absence of gross negligence or willful misconduct, the Department and its employees shall be immune from any civil or criminal liability in connection with the making of or failure to make a notation of donor designation on any license or card or in any person's driver record.
M. The Department shall, in coordination with the Virginia Transplant Council, prepare an organ donor information brochure describing the organ donor program and providing instructions for completion of the uniform donor document information describing the bone marrow donation program and instructions for registration in the National Bone Marrow Registry. The Department shall include a copy of such brochure with every driver's license renewal notice or application mailed to licensed drivers in Virginia.
Code 1950, § 46-370; 1958, c. 541, § 46.1-375; 1962, c. 368; 1968, c. 642; 1972, c. 538; 1976, c. 57; 1979, c. 124; 1982, c. 180; 1983, c. 608; 1984, c. 780; 1989, cc. 139, 705, 727; 1990, c. 159; 1993, cc. 118, 986; 1995, cc. 350, 372; 1997, c. 486; 1998, c. 322; 1999, c. 330; 2000, c. 810; 2001, cc. 148, 157; 2002, cc. 135, 767, 834; 2003, cc. 306, 335; 2005, cc. 259, 828; 2007, cc. 92, 907; 2008, c. 82; 2009, cc. 834, 872; 2010, cc. 25, 55; 2014, c. 702; 2016, cc. 135, 743; 2019, c. 288; 2020, c. 545.
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