A. Upon application of any person who does not hold a status that is eligible for a special identification card under subsections A and B of § 46.2-328.1, the parent of any such person who is under the age of 18, or the legal guardian of any such person, the Department may issue an identification privilege card to any resident of the Commonwealth, provided that:
1. Application is made on a form prescribed by the Department;
2. The applicant presents, when required by the Department, proof of identity, residency, and social security number or individual taxpayer identification number;
3. The Department determines that the applicant has reported income and deductions from Virginia sources, as defined in § 58.1-302, or has been claimed as a dependent, on an individual income tax return filed with the Commonwealth in the preceding 12 months; and
4. The applicant does not hold a credential issued under this chapter.
Persons 70 years of age or older may exchange a valid Virginia driver privilege card for an identification privilege card at no fee. Identification privilege cards subsequently issued to such persons shall be subject to the regular fees for identification privilege cards.
B. The fee for the issuance of an original, duplicate, reissue, or renewal identification privilege card is $25. The amount paid by an applicant for an identification privilege card shall be considered privileged information for the purposes of § 46.2-208.
C. An original identification privilege card shall expire on the applicant's fourth birthday following the date of issuance. Duplicate, reissue, or renewal identification privilege cards shall be valid for a period of four years from the date of issuance. No applicant shall be required to provide proof of compliance with subdivision A 3 for a duplicate, reissue, or renewal identification privilege card. Those cards issued to children under the age of 15 shall expire on the child's sixteenth birthday.
Notwithstanding the provisions of this subsection, the Commissioner may extend the validity period of an expiring card if (i) the Department is unable to process an application for renewal due to circumstances beyond its control and (ii) the extension has been authorized under a directive from the Governor. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions.
D. An identification privilege card issued under this section may be similar in size, shape, and design to a driving credential and include a photograph of its holder, but the card shall be readily distinguishable from a driving credential and shall clearly state that it does not authorize the person to whom it is issued to drive a motor vehicle. Every applicant for an identification privilege card shall appear in person before the Department to apply for a renewal, duplicate, or reissue unless specifically permitted by the Department to apply in another manner. The front of an identification privilege card shall be identical in appearance to a special identification card issued under § 46.2-345, and the back of the card shall be identical in appearance to the restriction on the back of a limited-duration special identification card.
E. Identification privilege cards, for persons at least 15 years old but younger 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 credential and descriptors within the photograph area to identify persons who are at least 15 years old but younger than 21 years old. These descriptors shall include the month, day, and year when the person will become 21 years old.
F. Identification privilege cards for persons under age 15 shall bear a full-face photograph. The identification card issued to persons under age 15 shall be readily distinguishable from a driving credential and from other identification cards issued by the Department. Such cards shall clearly indicate that it does not authorize the person to whom it is issued to drive a motor vehicle.
G. Any information collected pursuant to this section that is not otherwise collected by the Department or required for the issuance of any other special identification card issued pursuant to the provisions of this chapter and any information regarding restrictions in the Department's records related to the issuance of a credential issued pursuant to this section shall be considered privileged. Notwithstanding the provisions of § 46.2-208, such information shall not be released except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information or pursuant to a court order.
The Department shall release to any federal, state, or local governmental entity, local government group self-insurance pool, law-enforcement officer, attorney for the Commonwealth, or court, or the authorized agent of any of the foregoing, information related to the issuance of an identification privilege card, the release of which is not otherwise prohibited by this section, that is required for a requester to carry out the requester's official functions if the requester provides the individual's name and other sufficient identifying information contained on the individual's record. Any such release shall be in accordance with the requirements of § 46.2-208.
H. Any person who uses a false or fictitious name or gives a false or fictitious address in any application for an identification privilege card or knowingly makes a false statement or conceals a material fact or otherwise commits a fraud in any such application is guilty of a Class 2 misdemeanor. However, where the name or address is given, or false statement is made, or fact is concealed, or fraud committed, for the purpose of committing any offense punishable as a felony, a violation of this section shall constitute a Class 4 felony.
I. When requested by the applicant, the applicant's parent if the applicant is a minor, or the applicant's guardian, and upon presentation of a signed statement by a licensed physician confirming the applicant's condition, the Department shall indicate on the applicant's identification privilege card that the applicant has any condition listed in subsection K of § 46.2-342 or that the applicant is blind or vision impaired.
J. Unless the context of the Code provides otherwise, an identification privilege card shall be treated as a special identification card.
2021, Sp. Sess. I, c. 544.
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