{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-323.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-323.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-323.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-323.01.html"}],"law_id":65529,"edition_id":1,"section_id":65529,"structure_id":13718,"section_number":"46.2-323.01","catch_line":"Issuance of credentials; relationship with federal law","history":"2009, c. 872; 2021, Sp. Sess. I, c. 544.","full_text":"A\n\nThe Department shall establish a process for persons who, for reasons beyond their control, are unable to provide all necessary documents required for credentials issued under this chapter and must rely on alternate documents to establish identity or date of birth. Alternative documents to demonstrate legal presence will only be allowed to demonstrate United States citizenship.B\n\nThe Department shall not comply with any federal law or regulation that would require the Department to use any type of computer chip or radio-frequency identification tag or other similar device on or in any credential issued under this chapter.","order_by":null,"text":{"0":{"id":238239,"text":"The Department shall establish a process for persons who, for reasons beyond their control, are unable to provide all necessary documents required for credentials issued under this chapter and must rely on alternate documents to establish identity or date of birth. Alternative documents to demonstrate legal presence will only be allowed to demonstrate United States citizenship.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238240,"text":"The Department shall not comply with any federal law or regulation that would require the Department to use any type of computer chip or radio-frequency identification tag or other similar device on or in any credential issued under this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13718,"edition_id":1,"name":"Obtaining Licenses, Generally","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:39","date_modified":"2026-06-26 03:45:39","permalink":{"id":226437,"object_type":"structure","relational_id":13718,"identifier":"4","token":"46.2\/II\/3\/4","url":"\/46.2\/II\/3\/4\/","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":74834,"structure_id":13718,"section_number":"46.2-323","catch_line":"Application for driver's license; proof of completion of driver education program; penalty","url":"\/46.2-323\/","token":"46.2\/II\/3\/4\/46.2-323","metadata":false},{"id":65529,"structure_id":13718,"section_number":"46.2-323.01","catch_line":"Issuance of credentials; relationship with federal law","url":"\/46.2-323.01\/","token":"46.2\/II\/3\/4\/46.2-323.01","metadata":false},{"id":61204,"structure_id":13718,"section_number":"46.2-323.1","catch_line":"Certification of Virginia residency; nonresidents not eligible for credentials; penalty","url":"\/46.2-323.1\/","token":"46.2\/II\/3\/4\/46.2-323.1","metadata":false},{"id":73056,"structure_id":13718,"section_number":"46.2-324","catch_line":"Applicants and license holders to notify Department of change of address; fee","url":"\/46.2-324\/","token":"46.2\/II\/3\/4\/46.2-324","metadata":false},{"id":57804,"structure_id":13718,"section_number":"46.2-324.1","catch_line":"Requirements for initial licensure of certain applicants","url":"\/46.2-324.1\/","token":"46.2\/II\/3\/4\/46.2-324.1","metadata":false},{"id":66333,"structure_id":13718,"section_number":"46.2-325","catch_line":"Examination of applicants; waiver of Department's examination under certain circumstances; behind-the-wheel and knowledge examinations","url":"\/46.2-325\/","token":"46.2\/II\/3\/4\/46.2-325","metadata":false},{"id":63436,"structure_id":13718,"section_number":"46.2-326","catch_line":"Designation of examiners; conduct of examination; reports","url":"\/46.2-326\/","token":"46.2\/II\/3\/4\/46.2-326","metadata":false},{"id":61645,"structure_id":13718,"section_number":"46.2-326.1","catch_line":"Designation of commercial driver's license skills testing examiners","url":"\/46.2-326.1\/","token":"46.2\/II\/3\/4\/46.2-326.1","metadata":false},{"id":75238,"structure_id":13718,"section_number":"46.2-327","catch_line":"Copies of applications; record of licenses and learner's permits issued, suspended, or revoked","url":"\/46.2-327\/","token":"46.2\/II\/3\/4\/46.2-327","metadata":false},{"id":64850,"structure_id":13718,"section_number":"46.2-328","catch_line":"Department to issue licenses; endorsements, classifications, and restrictions authorizing operation of certain vehicles","url":"\/46.2-328\/","token":"46.2\/II\/3\/4\/46.2-328","metadata":false},{"id":55310,"structure_id":13718,"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","url":"\/46.2-328.1\/","token":"46.2\/II\/3\/4\/46.2-328.1","metadata":false},{"id":54709,"structure_id":13718,"section_number":"46.2-328.2","catch_line":"Department to issue documents; veteran indicator","url":"\/46.2-328.2\/","token":"46.2\/II\/3\/4\/46.2-328.2","metadata":false},{"id":61156,"structure_id":13718,"section_number":"46.2-328.3","catch_line":"Driver privilege cards and permits","url":"\/46.2-328.3\/","token":"46.2\/II\/3\/4\/46.2-328.3","metadata":false},{"id":66576,"structure_id":13718,"section_number":"46.2-329","catch_line":"Special restrictions on particular licensees","url":"\/46.2-329\/","token":"46.2\/II\/3\/4\/46.2-329","metadata":false},{"id":55697,"structure_id":13718,"section_number":"46.2-330","catch_line":"Expiration and renewal of licenses; examinations required","url":"\/46.2-330\/","token":"46.2\/II\/3\/4\/46.2-330","metadata":false},{"id":78255,"structure_id":13718,"section_number":"46.2-331","catch_line":"Repealed","url":"\/46.2-331\/","token":"46.2\/II\/3\/4\/46.2-331","metadata":false},{"id":74767,"structure_id":13718,"section_number":"46.2-332","catch_line":"Fees","url":"\/46.2-332\/","token":"46.2\/II\/3\/4\/46.2-332","metadata":false},{"id":57057,"structure_id":13718,"section_number":"46.2-333","catch_line":"Disposition of fees; 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This law was first created in 2009. The record of its establishment is cataloged in chapter 872<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":226443,"object_type":"law","relational_id":65529,"identifier":"46.2-323.01","token":"46.2\/II\/3\/4\/46.2-323.01","url":"\/46.2-323.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-323.01\/","token":"46.2\/II\/3\/4\/46.2-323.01","dublin_core":{"Title":"Issuance of credentials; relationship with federal law","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-323.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> shall establish a process for persons who, for reasons beyond their control, are unable to provide all necessary documents required for credentials issued under this chapter and must rely on alternate documents to establish identity or date of birth. Alternative documents to demonstrate legal presence will only be allowed to demonstrate United States citizenship. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall not comply with any federal law<\/span> or regulation that would require the Department<\/span> to use any type of computer chip or radio-frequency identification tag or other similar device on or in any credential issued under this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF CREDENTIALS; RELATIONSHIP WITH FEDERAL LAW (\u00a7 46.2-323.01)\n\nA. The Department shall establish a process for persons who, for reasons beyond\ntheir control, are unable to provide all necessary documents required for\ncredentials issued under this chapter and must rely on alternate documents to\nestablish identity or date of birth. Alternative documents to demonstrate legal\npresence will only be allowed to demonstrate United States citizenship.\n\nB. The Department shall not comply with any federal law or regulation that would\nrequire the Department to use any type of computer chip or radio-frequency\nidentification tag or other similar device on or in any credential issued under\nthis chapter.\n\nHISTORY: 2009, c. 872; 2021, Sp. Sess. I, c. 544.","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}}