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SUPTS. MEMO. NO. 36
June 12, 1998 |
| TO: | Division Superintendents |
| FROM: | Paul D. Stapleton
Superintendent of Public Instruction |
| SUBJECT: | General Assembly Action Relating to Learner's Permits and Driver's Licenses |
Action was taken by the 1998 General Assembly on several new juvenile licensing provisions. Specifically, changes were made in the following code sections: 22.1-205, 46.2-323, 46.2-334, 46.2-335, 46.2-492, 46.2-495, 46.2-498, and 46.2-706. Following is a brief overview of some of these changes. I. 22.1-205. Driver education programs (HB 896) Effective July 1, 1998, driver education programs shall include instruction concerning aggressive driving. II. 46.2-334.01. Licenses issued to persons who are not 18 years old are subject to certain restrictions (SB457/HB1014--an act to amend and reenact 46.2-495 and 46.2-498) Any learner's permit or driver's license issued on or after July 1, 1998, to anyone who is not 18 years of age and who is convicted of an offense for which demerit points are assessed, or for violating the safety seat requirement for children under the age of four or the primary safety belt mandate for front -or back-seat passengers younger than 16 years of age, shall be directed by the Commissioner to attend a driver improvement clinic. No safe driving points will be awarded for voluntary or court-assigned clinic attendance. The young driver also will not be able to transport more than three passengers who are less than 18 years old. This limitation does not apply to members of the driver's family or household or while driving to or from school or work. However, police may not issue a citation for this restriction unless the officer has cause to stop or arrest the driver for violating another section of the code. If a person who is younger than 18 years of age is convicted a second time for an offense for which demerit points are assessable, or for violating the child restraint legislation, the DMV Commissioner shall suspend the young driver's license for 90 days. If any such person is convicted a third time for an offense for which demerit points have been assessed, or for violating the child-safety restraint legislation, the Commissioner shall revoke the driver's privilege to operate a motor vehicle for one year--or until the student reaches the age of 18--whichever is longer. Note: These suspensions shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial. III. 46.2-323. Minors' driver's licenses; motorcycle learner's permits (HB 867) Licenses issued to persons below age 21 will no longer require a profile photograph, but will continue to be readily distinguishable from those issued to persons 21 years old or older. Distinguishing characteristics shall include unique design elements (layout change from horizontal to a vertical rectangle view), and added descriptors within the photograph area that depict the month, day, and year when the person will become 21 years of age. This code change provides for a twelve-month motorcycle learner's permit distinct from the standard learner's permit. The following limitations now apply to a permit for operating of a motorcycle: Operation shall be limited to the period between one-half hour after sunrise and one-half hour before sunset. Operation on limited access highways is prohibited. Operation shall be under the immediate supervision of a person licensed to operate a motorcycle who is 21 years of age or older, or by his/her parent or legal guardian, or by a brother, half-brother, half-sister, step-brother, or step-sister 18 years of age or older. No person other than the operator shall occupy the motorcycle. When the motorcycle license expires, a permittee who has submitted an application, paid the application fee, and successfully completed the examinations, may be issued another twelve-month motorcycle learner's permit. The Department of Motor Vehicles will deposit the fee collected for the issuance of each motorcycle learner's permit. Three dollars of the fee collected for the issuance of each motorcycle registration and all motorcycle driver's license endorsement fees will be deposited into the Motorcycle Rider Safety Training Program Fund. IV. 46.2-336. Manner of issuing original driver's licenses to minors (HB 19) Applicants under the age of 18 who hold valid driver's licenses issued by other states are no longer required to attend a Virginia judicial licensing ceremony. V. 46.2-492. Uniform Demerit System (HB 872) Serious traffic offenses, such as persons under age 21 driving after illegally consuming alcohol in violation of 18.2-266.1, shall now be assigned six demerit points. VI. 46.2-706. Verification of insurance (HB327) The uninsured motor vehicle fee has been increased from $400 to $500. VII. Senate Joint Resolution No. 180 requests the Office of the Executive Secretary of the Supreme Court of Virginia to study alternatives for scheduling juvenile traffic cases and issuing permanant driver's licenses. The enrolled version of these bills can be accessed at http://leg1.state.va.us. Any instructional resources developed by the Department of Education to help implement the new legislation will be sent directly to your driver education teachers. If you have additional questions, please contact Vanessa C. Wigand at (804) 225-3300. PDS/vcw