VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §46.2-334.01 of the Code of
Virginia, relating to provisional driver's license; restriction exceptions.
[H 2033]
Approved
Be it enacted by the General Assembly of Virginia:
1. That §46.2-334.01 of the Code of Virginia is
amended and reenacted as follows:
§46.2-334.01. Licenses issued to persons less than 19 years
old subject to certain restrictions.
A. Any learner's permit or driver's license issued to any
person less than 18 years old shall be subject to the following:
1. Notwithstanding the provisions of §46.2-498, whenever the
driving record of a person less than 19 years old shows that he has been
convicted of committing, when he was less than 18 years old, (i) an offense for
which demerit points have been assessed or are assessable under Article 19 (§
46.2-489 et seq.) of this chapter or (ii) a violation of any provision
of Article 12 (§46.2-1091 et seq.) or Article 13 (§46.2-1095 et seq.) of
Chapter 10 of this title, the Commissioner shall direct such person to
attend a driver improvement clinic. No safe driving points shall be awarded for
such clinic attendance, nor shall any safe driving points be awarded for
voluntary or court-assigned clinic attendance. Such person's parent, guardian,
legal custodian, or other person standing in loco parentis may attend such
clinic and receive a reduction in demerit points and/or an award of safe
driving points pursuant to §46.2-498. The provisions of this subdivision shall
not be construed to prohibit awarding of safe driving points to a person less
than 18 years old who attends and successfully completes a driver improvement
clinic without having been directed to do so by the Commissioner or required to
do so by a court.
2. If any person less than 19 years old is convicted a second
time of committing, when he was less than 18 years old, (i) an offense for
which demerit points have been assessed or are assessable under Article 19 (§
46.2-489 et seq.) of this chapter or (ii) a violation of any provision
of Article 12 (§46.2-1091 et seq.) or Article 13 (§46.2-1095 et seq.) of
Chapter 10 of this title, the Commissioner shall suspend such person's
driver's license or privilege to operate a motor vehicle for 90 days. Such
suspension shall be consecutive to, and not concurrent with, any other period
of license suspension, revocation, or denial. Any person who has had his
driver's license or privilege to operate a motor vehicle suspended in
accordance with this subdivision may petition the juvenile and domestic
relations district court of his residence for a restricted license to authorize
such person to drive a motor vehicle in the Commonwealth to and from his home,
his place of employment, or an institution of higher learning where he is
enrolled, provided there is no other means of transportation by which such
person may travel between his home and his place of employment or the
institution of higher learning where he is enrolled. On such petition the court
may, in its discretion, authorize the issuance of a restricted license for a
period not to exceed the term of the suspension of the person's license or
privilege to operate a motor vehicle in the Commonwealth. Such restricted
license shall be valid solely for operation of a motor vehicle between such
person's home and his place of employment or the institution of higher learning
where he is enrolled.
3. If any person is convicted a third time of committing, when
he was less than 18 years old, (i) an offense for which demerit points have
been assessed or are assessable under Article 19 (§46.2-489 et seq.) of
this chapter or (ii) a violation of any provision of Article 12 (§
46.2-1091 et seq.) or Article 13 (§46.2-1095 et seq.) of Chapter 10 of this
title, the Commissioner shall revoke such person's driver's license or
privilege to operate a motor vehicle for one year or until such person reaches
the age of 18 years, whichever is longer. Such revocation shall be consecutive
to, and not concurrent with, any other period of license suspension, revocation,
or denial.
4. In no event shall any person subject to the provisions of
this section, be subject to the suspension or revocation provisions of
subdivision 2 or 3 of this section for multiple convictions arising out
of the same transaction or occurrence.
B. The initial license issued to any person younger than 18
years of age shall be deemed a provisional driver's license. Until the holder
is 18 years old, a provisional driver's license shall not authorize its holder
to operate a motor vehicle with more than one passenger who is less than 18
years old for the first year after the license is issued nor more than three
passengers who are less than 18 years old thereafter until the holder's
eighteenth birthday. This passenger limitation, however, shall not apply to
members of the driver's family or household. For the purposes of this
subsection, "members of the driver's family or household" means (i)
the driver's spouse, children, stepchildren, brothers, sisters, half
brothers half-brothers, half sisters half-sisters, and
any individual who has a child in common with the driver, whether or not they
reside in the same home with the driver; (ii) the driver's brothers-in-law and
sisters-in-law who reside in the same home with the driver; and (iii) any
individual who cohabits with the driver, and any children of such individual
residing in the same home with the driver.
C. The holder of a provisional driver's license shall not
operate a motor vehicle on the highways of the Commonwealth between the hours
of midnight and 4:00 a.m. except when driving (i) to or from a place of
business where he is employed; (ii) to or from a school-sponsored an
activity that is supervised by an adult and is sponsored by a school or by a
civic, religious, or public organization; (iii) accompanied by a parent, a
person acting in loco parentis, or by a spouse who is 18 years old or older,
provided that such person accompanying the driver is actually occupying a seat
beside the driver and is lawfully permitted to operate a motor vehicle at the
time; or (iv) in cases of emergency, including response by volunteer
firefighters and volunteer rescue squad personnel to emergency calls.
C1. Except in a driver emergency or when the vehicle is
lawfully parked or stopped, the holder of a provisional driver's license shall
not operate a motor vehicle on the highways of the Commonwealth while using any
cellular telephone or any other wireless telecommunications device, regardless
of whether such device is or is not hand-held.
D. The provisional driver's license restrictions in
subsections B, C, and C1 of this section shall expire on the holder's
eighteenth birthday. A violation of the provisional driver's license
restrictions in either subsection B, C, or C1 of this section shall
constitute a traffic infraction. For a second or subsequent violation of the
provisional driver's license restrictions in either subsection B, C, or C1, in
addition to any other penalties which that may be imposed
pursuant to §16.1-278.10, the court may suspend the juvenile's privilege to
drive for a period not to exceed six months.
E. A violation of subsection B, C, or C1 of this section
shall not constitute negligence, be considered in mitigation of damages of
whatever nature, be admissible in evidence, or be the subject of comment
by counsel in any action for the recovery of damages arising out of the
operation, ownership, or maintenance of a motor vehicle, nor shall anything in
this subsection change any existing law, rule, or procedure pertaining to any
such civil action.
F. No citation for a violation of this section shall be issued
unless the officer issuing such citation has cause to stop or arrest the driver
of such motor vehicle for the violation of some other provision of this Code or
local ordinance relating to the operation, ownership, or maintenance of a motor
vehicle or any criminal statute.
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