{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-322.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-322.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-322.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-322.html"}],"law_id":81924,"edition_id":1,"section_id":81924,"structure_id":15802,"section_number":"46.2-322","catch_line":"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","history":"Code 1950, \u00a7 46-378; 1952, c. 666; 1958, c. 541, \u00a7 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.","full_text":"A\n\nIf 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\n\nAs 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\n\nThe 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.","order_by":null,"text":{"0":{"id":293530,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293531,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":293532,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15802,"edition_id":1,"name":"Persons Not to Be Licensed","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:59:43","date_modified":"2026-06-26 03:59:43","permalink":{"id":226379,"object_type":"structure","relational_id":15802,"identifier":"3","token":"46.2\/II\/3\/3","url":"\/46.2\/II\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80708,"structure_id":15802,"section_number":"46.2-311","catch_line":"Persons having defective vision; minimum standards of visual acuity and field of vision; tests of vision","url":"\/46.2-311\/","token":"46.2\/II\/3\/3\/46.2-311","metadata":false},{"id":77772,"structure_id":15802,"section_number":"46.2-312","catch_line":"Persons using bioptic telescopic lenses","url":"\/46.2-312\/","token":"46.2\/II\/3\/3\/46.2-312","metadata":false},{"id":76904,"structure_id":15802,"section_number":"46.2-313","catch_line":"Persons with suspended or revoked licenses","url":"\/46.2-313\/","token":"46.2\/II\/3\/3\/46.2-313","metadata":false},{"id":64073,"structure_id":15802,"section_number":"46.2-314","catch_line":"Repealed","url":"\/46.2-314\/","token":"46.2\/II\/3\/3\/46.2-314","metadata":false},{"id":69567,"structure_id":15802,"section_number":"46.2-315","catch_line":"Persons unable to exercise reasonable and ordinary control over a motor vehicle","url":"\/46.2-315\/","token":"46.2\/II\/3\/3\/46.2-315","metadata":false},{"id":80892,"structure_id":15802,"section_number":"46.2-316","catch_line":"Persons convicted or found not innocent of certain offenses; requirement of proof of financial responsibility in the future for certain offenses","url":"\/46.2-316\/","token":"46.2\/II\/3\/3\/46.2-316","metadata":false},{"id":64027,"structure_id":15802,"section_number":"46.2-317","catch_line":"Persons making false statement in application","url":"\/46.2-317\/","token":"46.2\/II\/3\/3\/46.2-317","metadata":false},{"id":72608,"structure_id":15802,"section_number":"46.2-318","catch_line":"Cancellation or revocation of license where application is false in material particular","url":"\/46.2-318\/","token":"46.2\/II\/3\/3\/46.2-318","metadata":false},{"id":60901,"structure_id":15802,"section_number":"46.2-319","catch_line":"Refusal or revocation of license for certain fraudulent acts in obtaining a driver's license","url":"\/46.2-319\/","token":"46.2\/II\/3\/3\/46.2-319","metadata":false},{"id":85855,"structure_id":15802,"section_number":"46.2-320","catch_line":"Other grounds for refusal or suspension","url":"\/46.2-320\/","token":"46.2\/II\/3\/3\/46.2-320","metadata":false},{"id":81751,"structure_id":15802,"section_number":"46.2-320.1","catch_line":"Other grounds for suspension; nonpayment of child support","url":"\/46.2-320.1\/","token":"46.2\/II\/3\/3\/46.2-320.1","metadata":false},{"id":76219,"structure_id":15802,"section_number":"46.2-320.2","catch_line":"Repealed","url":"\/46.2-320.2\/","token":"46.2\/II\/3\/3\/46.2-320.2","metadata":false},{"id":77673,"structure_id":15802,"section_number":"46.2-321","catch_line":"Appeal from denial, suspension, or revocation of license; operation of vehicle pending appeal","url":"\/46.2-321\/","token":"46.2\/II\/3\/3\/46.2-321","metadata":false},{"id":81924,"structure_id":15802,"section_number":"46.2-322","catch_line":"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","url":"\/46.2-322\/","token":"46.2\/II\/3\/3\/46.2-322","metadata":false}],"previous_section":{"id":77673,"structure_id":15802,"section_number":"46.2-321","catch_line":"Appeal from denial, suspension, or revocation of license; operation of vehicle pending appeal","url":"\/46.2-321\/","token":"46.2\/II\/3\/3\/46.2-321","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-322\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s 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<\/a>; in 2004, chapters 351<\/a> and 855<\/a>; in 2006, chapter 396<\/a>; in 2011, chapter 441<\/a>; in 2023, chapter 183<\/a>; in 2024, chapter 414<\/a>.<\/p>","references":[{"id":64976,"section_number":"46.2-204","catch_line":"Medical Advisory Board","order_by":null,"url":"\/46.2-204\/"},{"id":59691,"section_number":"46.2-208","catch_line":"Records of Department; when open for inspection; release of privileged information","order_by":null,"url":"\/46.2-208\/"},{"id":60901,"section_number":"46.2-319","catch_line":"Refusal or revocation of license for certain fraudulent acts in obtaining a driver's license","order_by":null,"url":"\/46.2-319\/"},{"id":57804,"section_number":"46.2-324.1","catch_line":"Requirements for initial licensure of certain applicants","order_by":null,"url":"\/46.2-324.1\/"},{"id":66333,"section_number":"46.2-325","catch_line":"Examination of applicants; waiver of Department's examination under certain circumstances; behind-the-wheel and knowledge examinations","order_by":null,"url":"\/46.2-325\/"},{"id":55310,"section_number":"46.2-328.1","catch_line":"Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance","order_by":null,"url":"\/46.2-328.1\/"},{"id":77576,"section_number":"46.2-400","catch_line":"Suspension of license of person not competent to drive; restoration of license; duty of clerk of the court","order_by":null,"url":"\/46.2-400\/"}],"refers_to":[{"id":73837,"section_number":"38.2-602","catch_line":"Definitions","order_by":null,"url":"\/38.2-602\/"},{"id":66576,"section_number":"46.2-329","catch_line":"Special restrictions on particular licensees","order_by":null,"url":"\/46.2-329\/"}],"permalink":{"id":226433,"object_type":"law","relational_id":81924,"identifier":"46.2-322","token":"46.2\/II\/3\/3\/46.2-322","url":"\/46.2-322\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-322\/","token":"46.2\/II\/3\/3\/46.2-322","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-322","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Department<\/span> has good cause to believe that a driver<\/span> is impaired and therefore unable to drive a motor vehicle<\/span> 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<\/span>. If the driver<\/span> so requests in writing, the Department<\/span> shall give the Department<\/span>’s reasons for the examination, including the identity of all persons who have supplied information to the Department<\/span> regarding the driver<\/span>’s fitness to drive a motor vehicle<\/span>. However, the Department<\/span> shall not supply the reasons or information if its source is a relative of the driver<\/span> or a physician, a physician assistant, an advanced practice registered nurse, a pharmacist, or other licensed medical professional as defined in § 38.2-602<\/a> treating, or prescribing medications for, the driver<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As a part of its examination, the Department<\/span> 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<\/span> shall take whatever action may be appropriate and may suspend<\/span> the license or privilege<\/span> to drive a motor vehicle<\/span> in the Commonwealth of the person or permit him to retain his license or privilege<\/span> to drive a motor vehicle<\/span> in the Commonwealth, or may issue<\/span> a license subject to the restrictions authorized by § 46.2-329<\/a>. Refusal or neglect of the person to submit to the examination or comply with restrictions imposed by the Department<\/span> shall be grounds for suspension<\/span> of his license or privilege<\/span> to drive a motor vehicle<\/span> in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> shall include, as a part of the application for an original driver<\/span>’s license, or renewal thereof, questions as to the existence of impairments that affect the ability of the applicant to drive a motor vehicle<\/span> safely. Any person knowingly giving a false answer to any such question is guilty of a Class 2 misdemeanor<\/span>. If the answer to any such question indicates the existence of such condition, the Commissioner<\/span> 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<\/span>’s license. The report of the examination shall contain a statement that, in the opinion<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXAMINATION OF LICENSEE BELIEVED UNABLE TO DRIVE SAFELY; SUSPENSION OR\nRESTRICTION OF LICENSE; LICENSE APPLICATION TO INCLUDE QUESTIONS AS TO ABILITIES\nOF APPLICANT; FALSE ANSWERS; EXAMINATION OF APPLICANT; PHYSICIAN’S,\nADVANCED PRACTICE REGISTERED NURSE’S, OR PHYSICIAN ASSISTANT’S\nSTATEMENT (\u00a7 46.2-322)\n\nA. If the Department has good cause to believe that a driver is impaired and\ntherefore unable to drive a motor vehicle safely, after written notice of at\nleast 15 days to the person, it may require him to submit to an examination to\ndetermine his fitness to drive a motor vehicle. If the driver so requests in\nwriting, the Department shall give the Department’s reasons for the\nexamination, including the identity of all persons who have supplied information\nto the Department regarding the driver’s fitness to drive a motor vehicle.\nHowever, the Department shall not supply the reasons or information if its\nsource is a relative of the driver or a physician, a physician assistant, an\nadvanced practice registered nurse, a pharmacist, or other licensed medical\nprofessional as defined in § 38.2-602 treating, or prescribing medications\nfor, the driver.\n\nB. As a part of its examination, the Department may require a physical\nexamination by a licensed physician, licensed advanced practice registered\nnurse, or licensed physician assistant and a report on the results thereof. When\nit has completed its examination, the Department shall take whatever action may\nbe appropriate and may suspend the license or privilege to drive a motor vehicle\nin the Commonwealth of the person or permit him to retain his license or\nprivilege to drive a motor vehicle in the Commonwealth, or may issue a license\nsubject to the restrictions authorized by § 46.2-329. Refusal or neglect of\nthe person to submit to the examination or comply with restrictions imposed by\nthe Department shall be grounds for suspension of his license or privilege to\ndrive a motor vehicle in the Commonwealth.\n\nC. The Commissioner shall include, as a part of the application for an original\ndriver’s license, or renewal thereof, questions as to the existence of\nimpairments that affect the ability of the applicant to drive a motor vehicle\nsafely. Any person knowingly giving a false answer to any such question is\nguilty of a Class 2 misdemeanor. If the answer to any such question indicates\nthe existence of such condition, the Commissioner shall require an examination\nof the applicant by a licensed physician, licensed physician assistant, or\nlicensed advanced practice registered nurse as a prerequisite to the issuance of\nthe driver’s license. The report of the examination shall contain a\nstatement that, in the opinion of the physician, physician assistant, or\nadvanced practice registered nurse, the applicant’s physical or mental\ncondition at the time of the examination does or does not preclude his safe\ndriving of motor vehicles.\n\nHISTORY: Code 1950, \u00a7 46-378; 1952, c. 666; 1958, c. 541, \u00a7 46.1-383; 1960, c.\n201; 1966, c. 631; 1968, c. 167; 1972, c. 419; 1974, c. 453; 1978, c. 353; 1984,\nc. 780; 1988, c. 798; 1989, c. 727; 1997, c. 801; 2004, cc. 351, 855; 2006, c.\n396; 2011, c. 441; 2023, c. 183; 2024, c. 414.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}