COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
INFORMATIONAL
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TO: |
Division Superintendents |
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FROM: |
Jo Lynne DeMary Superintendent of Public Instruction |
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SUBJECT: |
General Assembly Action Relating to Learners Permits, Drivers Licenses, and Driver Education Program Requirements |
Action was taken by the 2002 General
Assembly on several new juvenile licensing provisions and driver education
program requirements. Following is a brief overview of some of these changes
that will go into effect July 1, 2002.
I. 53-6.01C of the Appropriation Act.
This
bill increases the fee for drivers licenses from $2.40 per year to $3.
Depending on the length of time a license is valid, the fee can range from $9
to $21.
II. HB 160 Denial of driver's license for
truancy.
Modifies
the current statute regarding suspension of driver's licenses for truancy to
authorize courts, upon a finding of a second or subsequent truancy offense, to
order the denial of a driver's license for a period of one year or until the
juvenile reaches the age of 18, whichever is longer, or delay the individual's
ability to apply for a driver's license for a period of one year following the
date he or she reaches the age of 16 and three months, as may be appropriate.
III. HB
254 Child restraint devices.
Provides for a mandatory $50 civil penalty for violations of laws that require use of child restraint devices or safety belt systems when transporting children less than 16 years old in motor vehicles, except that a court may still waive or suspend the imposition of the penalty if it finds that the violation occurred because of the defendant's financial inability to acquire a child restraint system.
IV. HB
564 Driver's licenses; use of a customer number or social security number.
Requires the Department of Motor Vehicles to
assign driver's license numbers that are
not social security numbers, except when applicants request in writing that
their social security numbers be used as their driver's license number.
Contains four components that affect
the issuance of drivers licenses and photo identification (ID) cards
(1)
Virginia
Residency Requirement. To receive a drivers license or ID card, an applicant
must have a Virginia address. There are
a few exceptions to this requirement, such as active military personnel,
persons maintaining their Virginia residency while residing outside of the
state because of their employment, and persons living in a Virginia locality
where the post office has assigned an out-of-state mailing address.
(2)
Single
Document Requirement. An individual
will no longer be allowed to hold both a learners permit or a drivers license
and an ID card.
(3)
New Virginia
Residents. New Virginia residents
moving from one state to another state or country have 60 days (instead of 30
days) to obtain a Virginia drivers license.
(4)
Residency
Documents. For proof of residency, the
Department of Motor Vehicles (DMV) is prohibited from accepting immigration
visas and written statements (whether notarized or not) where another person
vouches for or certifies an individuals Virginia residency.
younger.
Requires all driver's
license applicants who are less than 19 years old to furnish proof that they
have successfully completed a driver education program approved by the State
Department of Education. The bill also requires
persons under 19 (rather than those under 18) to hold learner's permits at
least nine months before applying for a driver's license, and authorizes the
issuance of temporary driver's licenses, valid for six months, to persons who
are 18 years old and hold valid driver's licenses issued in another state.
VII. HB
669 Selective Service.
Requires
that every male applicant for a learner's permit, driver's license, commercial
driver's license, special identification card, or renewal of any such permit,
license, or card who is less than 26 years old and is either a citizen of the
United States or an immigrant shall, at the time of his application, be
registered in compliance with the requirement of section 3 of the Selective
Service Act, 50 U.S.C. App. 451 et seq. The data pertaining to any person less
than 18 years old will not be used by Selective Service to register the
individual until he reaches age 18.
VIII. HB
671 Forfeiture of driver's license for driving while intoxicated.
Provides that a
person loses his or her driver's license for three years if convicted of
driving while intoxicated for the second time within ten years. (Currently,
there is no time limit and a license could be suspended no matter how many
years later the second offense occurs.)
IX. HB
686 Driver education; instruction in organ and tissue
donor awareness.
Adds organ and tissue donor awareness to the
topics that must be included in instruction for driver education. Currently,
the Board of Education's standardized program for driver education must include
instruction regarding alcohol and drug abuse, aggressive driving, and
motorcycle awareness. The Department of Health is added to those entities
cooperating in the development of the curriculum. (Driver Education Standard of
Learning DE.1: The student will demonstrate an understanding of Virginia
traffic laws, licensing procedures, and other responsibilities associated with
the driving privilege. Key concepts
include c) the organ and tissue donation designation process. This information
is also included in the 2002 Curriculum
and Administrative Guide for Driver Education in Virginia.)
X. HB 1193 Underage possession of
alcoholic beverages; fake identification.
Provides that when any underage person
who has not previously been convicted of possession of alcoholic beverages in
Virginia or any other state is convicted of such a charge, the court may, under
certain circumstances, defer further proceedings and place the individual on
probation subject to conditions that may include the suspension or restriction
of the driver's license. The bill
provides further that in all such cases, the court shall require the accused to
enter a treatment or education program or both, if available, that in the
opinion of the court best suits the needs of the accused. If the conditions are
violated, the court may enter an adjudication of guilt and proceed as otherwise
provided.
XI.
HB 1328 and SB 395
Child restraint devices.
Increases the maximum age
of children that must be secured in child restraint devices when traveling in
motor vehicles. The bill also allows restraining a child who is at least four
years old but less than six years old with a standard automobile seat belt
instead of a child restraint device, if the weight and size of the child is
such as to make the use of such seat belt practical and the use of an approved
child restraint impractical.
XII. HB 1342 and SB 522 Aggressive driving; offense and penalty.
Creates the new offense
of aggressive driving and provides that a person is guilty of aggressive
driving if he violates one or more of an enumerated list of traffic violations,
e.g., following too closely, failure to observe lanes marked for traffic,
stopping on highway, etc., with the intent to harass, intimidate, injure or
obstruct another person. Aggressive driving shall be punished as a Class 2
misdemeanor, however, aggressive driving with the intent to injure another
person shall be punished as a Class 1 misdemeanor.
XIII. HB 1358 Driver improvement clinics; attendance
by minors.
Allows
persons under 18 years of age to receive good driving points for attending
driver improvement clinics if they have not been directed to attend by the DMV
Commissioner or required to attend by a court.
XIV SB 148 Open Container Patron.
Establishes a violation for drivers possessing an open
container of alcohol in the passenger area of a motor vehicle. This violation is a Class 4 misdemeanor. No
demerit points will be assigned.
XV. SB 597 Driver education programs; distracted
driving awareness.
Adds
distracted driving to the requirements for driver education in the public
schools and requires the Department of Motor Vehicles' driver improvement
clinic programs to include instruction concerning alcohol and drug abuse,
aggressive driving, distracted driving, and motorcycle awareness. (Driver
Education Standard of Learning DE.12 The student will identify distractions
that contribute to driver error. Key concepts include a) passengers and pets;
b) vehicle accessories; and c) cell phones and other portable technology devices. This information is also included in the
2002 Curriculum and Administrative Guide
for Driver Education in Virginia.)
XVII. SJ
110 Study; driver education programs.
Requests the Department
of Motor Vehicles, with the assistance of the Superintendent of Public
Instruction, to study the adequacy of driver education programs available to
youthful drivers. The study shall include, but not be limited to, an
examination of the desirability and feasibility of incorporating driving
simulators and related technologies into the driver education program. The
department must report to the Governor and the 2003 Session of the General
Assembly.
The enrolled versions of each of these
bills can be accessed at http://leg1.state.va.us. If you have additional questions, please contact Vanessa C.
Wigand at (804) 225-3300, or vwigand@pen.k12.va.us.