§ 46.2-322 Examination of licensee believed unable to drive safely; suspension or restriction of license; license application to include questions as to abilities of applicant; false answers; examination of applicant; physician’s, advanced practice registered nurse’s, or physician assistant’s statement
A. If the Department has good cause to believe that a driver is impaired and therefore unable to drive a motor vehicle safely, after written notice of at least 15 days to the person, it may require him to submit to an examination to determine his fitness to drive a motor vehicle. If the driver so requests in writing, the Department shall give the Department’s reasons for the examination, including the identity of all persons who have supplied information to the Department regarding the driver’s fitness to drive a motor vehicle. However, the Department shall not supply the reasons or information if its source is a relative of the driver or a physician, a physician assistant, an advanced practice registered nurse, a pharmacist, or other licensed medical professional as defined in § 38.2-602 treating, or prescribing medications for, the driver.
B. As a part of its examination, the Department may require a physical examination by a licensed physician, licensed advanced practice registered nurse, or licensed physician assistant and a report on the results thereof. When it has completed its examination, the Department shall take whatever action may be appropriate and may suspend the license or privilege to drive a motor vehicle in the Commonwealth of the person or permit him to retain his license or privilege to drive a motor vehicle in the Commonwealth, or may issue a license subject to the restrictions authorized by § 46.2-329. Refusal or neglect of the person to submit to the examination or comply with restrictions imposed by the Department shall be grounds for suspension of his license or privilege to drive a motor vehicle in the Commonwealth.
C. The Commissioner shall include, as a part of the application for an original driver’s license, or renewal thereof, questions as to the existence of impairments that affect the ability of the applicant to drive a motor vehicle safely. Any person knowingly giving a false answer to any such question is guilty of a Class 2 misdemeanor. If the answer to any such question indicates the existence of such condition, the Commissioner shall require an examination of the applicant by a licensed physician, licensed physician assistant, or licensed advanced practice registered nurse as a prerequisite to the issuance of the driver’s license. The report of the examination shall contain a statement that, in the opinion of the physician, physician assistant, or advanced practice registered nurse, the applicant’s physical or mental condition at the time of the examination does or does not preclude his safe driving of motor vehicles.
History
The record of this law’s original creation isn’t available online. It has been modified 17 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 666; in 1958, chapter 541; in 1960, chapter 201; in 1966, chapter 631; in 1968, chapter 167; in 1972, chapter 419; in 1974, chapter 453; in 1978, chapter 353; in 1984, chapter 780; in 1988, chapter 798; in 1989, chapter 727; in 1997, chapter 801; in 2004, chapters 351 and 855; in 2006, chapter 396; in 2011, chapter 441; in 2023, chapter 183; in 2024, chapter 414.
Code 1950, § 46-378; 1952, c. 666; 1958, c. 541, § 46.1-383; 1960, c. 201; 1966, c. 631; 1968, c. 167; 1972, c. 419; 1974, c. 453; 1978, c. 353; 1984, c. 780; 1988, c. 798; 1989, c. 727; 1997, c. 801; 2004, cc. 351, 855; 2006, c. 396; 2011, c. 441; 2023, c. 183; 2024, c. 414.