{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-334.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-334.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-334.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-334.01.html"}],"law_id":61788,"edition_id":1,"section_id":61788,"structure_id":12892,"section_number":"46.2-334.01","catch_line":"Licenses issued to persons less than 18 years old subject to certain restrictions","history":"1998, cc. 124, 792; 2001, cc. 655, 659, 665; 2002, cc. 61, 807; 2003, cc. 308, 323, 771; 2007, c. 777; 2009, c. 54; 2013, cc. 397, 579; 2015, cc. 502, 503; 2016, c. 488; 2020, Sp. Sess. I, cc. 45, 51; 2021, Sp. Sess. I, cc. 132, 381.","full_text":"A\n\nAny learner’s permit or driver’s license issued to any person less than 18 years old shall be subject to the following:1\n\nNotwithstanding the provisions of § 46.2-498, whenever the driving record of a person less than 19 years old shows that he has been convicted of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall direct such person to attend a driver improvement clinic. No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving points be awarded for voluntary or court-assigned clinic attendance. Such person’s parent, guardian, legal custodian, or other person standing in loco parentis may attend such clinic and receive a reduction in demerit points and\/or an award of safe driving points pursuant to § 46.2-498. The provisions of this subdivision shall not be construed to prohibit awarding of safe driving points to a person less than 18 years old who attends and successfully completes a driver improvement clinic without having been directed to do so by the Commissioner or required to do so by a court.2\n\nIf any person less than 19 years old is convicted a second time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall suspend such person’s driver’s license or privilege to operate a motor vehicle for 90 days. Such suspension shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial. Any person who has had his driver’s license or privilege to operate a motor vehicle suspended in accordance with this subdivision may petition the juvenile and domestic relations district court of his residence for a restricted license to authorize such person to drive a motor vehicle in the Commonwealth to and from his home, his place of employment, or an institution of higher education where he is enrolled, provided there is no other means of transportation by which such person may travel between his home and his place of employment or the institution of higher education where he is enrolled. On such petition the court may, in its discretion, authorize the issuance of a restricted license for a period not to exceed the term of the suspension of the person’s license or privilege to operate a motor vehicle in the Commonwealth. Such restricted license shall be valid solely for operation of a motor vehicle between such person’s home and his place of employment or the institution of higher education where he is enrolled.3\n\nIf any person is convicted a third time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall revoke such person’s driver’s license or privilege to operate a motor vehicle for one year or until such person reaches the age of 18 years, whichever is longer. Such revocation shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial.4\n\nIn no event shall any person subject to the provisions of this section be subject to the suspension or revocation provisions of subdivision 2 or 3 for multiple convictions arising out of the same transaction or occurrence.B\n\nThe initial license issued to any person younger than 18 years of age shall be deemed a provisional driver’s license. Until the holder is 18 years old, a provisional driver’s license shall not authorize its holder to operate a motor vehicle with more than one passenger who is less than 21 years old. After the first year the provisional license is issued, the holder may operate a motor vehicle with up to three passengers who are less than 21 years old (i) when the holder is driving to or from a school-sponsored activity, (ii) when a licensed driver who is at least 21 years old is occupying the seat beside the driver, or (iii) in cases of emergency. These passenger limitations, however, shall not apply to members of the driver’s family or household. For the purposes of this subsection, “a member of the driver’s family or household” means any of the following: (a) the driver’s spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters, first cousins, and any individual who has a child in common with the driver, whether or not they reside in the same home with the driver; (b) the driver’s brothers-in-law and sisters-in-law who reside in the same home with the driver; and (c) any individual who cohabits with the driver, and any children of such individual residing in the same home with the driver.C\n\nThe holder of a provisional driver’s license shall not operate a motor vehicle on the highways of the Commonwealth between the hours of midnight and 4:00 a.m. except when driving (i) to or from a place of business where he is employed; (ii) to or from an activity that is supervised by an adult and is sponsored by a school or by a civic, religious, or public organization; (iii) accompanied by a parent, a person acting in loco parentis, or by a spouse who is 18 years old or older, provided that such person accompanying the driver is actually occupying a seat beside the driver and is lawfully permitted to operate a motor vehicle at the time; or (iv) in cases of emergency, including response by volunteer firefighters and volunteer emergency medical services personnel to emergency calls.D\n\nThe provisional driver’s license restrictions in subsections B and C shall expire on the holder’s eighteenth birthday. A violation of the provisional driver’s license restrictions in subsection B or C shall constitute a traffic infraction. For a second or subsequent violation of the provisional driver’s license restrictions in subsection B or C, in addition to any other penalties that may be imposed pursuant to § 16.1-278.10, the court may suspend the juvenile’s privilege to drive for a period not to exceed six months.E\n\nA violation of subsection B or C shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle, nor shall anything in this subsection change any existing law, rule, or procedure pertaining to any such civil action.F\n\nNo law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator’s consent, shall be admissible in any trial, hearing, or other proceeding.","order_by":null,"text":{"0":{"id":225637,"text":"Any learner’s permit or driver’s license issued to any person less than 18 years old shall be subject to the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":225638,"text":"Notwithstanding the provisions of § 46.2-498, whenever the driving record of a person less than 19 years old shows that he has been convicted of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall direct such person to attend a driver improvement clinic. No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving points be awarded for voluntary or court-assigned clinic attendance. Such person’s parent, guardian, legal custodian, or other person standing in loco parentis may attend such clinic and receive a reduction in demerit points and\/or an award of safe driving points pursuant to § 46.2-498. The provisions of this subdivision shall not be construed to prohibit awarding of safe driving points to a person less than 18 years old who attends and successfully completes a driver improvement clinic without having been directed to do so by the Commissioner or required to do so by a court.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":225639,"text":"If any person less than 19 years old is convicted a second time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall suspend such person’s driver’s license or privilege to operate a motor vehicle for 90 days. Such suspension shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial. Any person who has had his driver’s license or privilege to operate a motor vehicle suspended in accordance with this subdivision may petition the juvenile and domestic relations district court of his residence for a restricted license to authorize such person to drive a motor vehicle in the Commonwealth to and from his home, his place of employment, or an institution of higher education where he is enrolled, provided there is no other means of transportation by which such person may travel between his home and his place of employment or the institution of higher education where he is enrolled. On such petition the court may, in its discretion, authorize the issuance of a restricted license for a period not to exceed the term of the suspension of the person’s license or privilege to operate a motor vehicle in the Commonwealth. Such restricted license shall be valid solely for operation of a motor vehicle between such person’s home and his place of employment or the institution of higher education where he is enrolled.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":225640,"text":"If any person is convicted a third time of committing, when he was less than 18 years old, (i) an offense for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall revoke such person’s driver’s license or privilege to operate a motor vehicle for one year or until such person reaches the age of 18 years, whichever is longer. Such revocation shall be consecutive to, and not concurrent with, any other period of license suspension, revocation, or denial.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":225641,"text":"In no event shall any person subject to the provisions of this section be subject to the suspension or revocation provisions of subdivision 2 or 3 for multiple convictions arising out of the same transaction or occurrence.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":225642,"text":"The initial license issued to any person younger than 18 years of age shall be deemed a provisional driver’s license. Until the holder is 18 years old, a provisional driver’s license shall not authorize its holder to operate a motor vehicle with more than one passenger who is less than 21 years old. After the first year the provisional license is issued, the holder may operate a motor vehicle with up to three passengers who are less than 21 years old (i) when the holder is driving to or from a school-sponsored activity, (ii) when a licensed driver who is at least 21 years old is occupying the seat beside the driver, or (iii) in cases of emergency. These passenger limitations, however, shall not apply to members of the driver’s family or household. For the purposes of this subsection, “a member of the driver’s family or household” means any of the following: (a) the driver’s spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters, first cousins, and any individual who has a child in common with the driver, whether or not they reside in the same home with the driver; (b) the driver’s brothers-in-law and sisters-in-law who reside in the same home with the driver; and (c) any individual who cohabits with the driver, and any children of such individual residing in the same home with the driver.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":225643,"text":"The holder of a provisional driver’s license shall not operate a motor vehicle on the highways of the Commonwealth between the hours of midnight and 4:00 a.m. except when driving (i) to or from a place of business where he is employed; (ii) to or from an activity that is supervised by an adult and is sponsored by a school or by a civic, religious, or public organization; (iii) accompanied by a parent, a person acting in loco parentis, or by a spouse who is 18 years old or older, provided that such person accompanying the driver is actually occupying a seat beside the driver and is lawfully permitted to operate a motor vehicle at the time; or (iv) in cases of emergency, including response by volunteer firefighters and volunteer emergency medical services personnel to emergency calls.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":225644,"text":"The provisional driver’s license restrictions in subsections B and C shall expire on the holder’s eighteenth birthday. A violation of the provisional driver’s license restrictions in subsection B or C shall constitute a traffic infraction. For a second or subsequent violation of the provisional driver’s license restrictions in subsection B or C, in addition to any other penalties that may be imposed pursuant to § 16.1-278.10, the court may suspend the juvenile’s privilege to drive for a period not to exceed six months.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":225645,"text":"A violation of subsection B or C shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a motor vehicle, nor shall anything in this subsection change any existing law, rule, or procedure pertaining to any such civil action.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":225646,"text":"No law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator’s consent, shall be admissible in any trial, hearing, or other proceeding.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12892,"edition_id":1,"name":"Licensure of Minors, Student Drivers, School Bus Drivers, and Motorcyclists","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":226515,"object_type":"structure","relational_id":12892,"identifier":"5","token":"46.2\/II\/3\/5","url":"\/46.2\/II\/3\/5\/","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":55605,"structure_id":12892,"section_number":"46.2-334","catch_line":"Conditions and requirements for licensure of persons under 18","url":"\/46.2-334\/","token":"46.2\/II\/3\/5\/46.2-334","metadata":false},{"id":54013,"structure_id":12892,"section_number":"46.2-334.001","catch_line":"Court to suspend driver's license issued to certain minors","url":"\/46.2-334.001\/","token":"46.2\/II\/3\/5\/46.2-334.001","metadata":false},{"id":61788,"structure_id":12892,"section_number":"46.2-334.01","catch_line":"Licenses issued to persons less than 18 years old subject to certain restrictions","url":"\/46.2-334.01\/","token":"46.2\/II\/3\/5\/46.2-334.01","metadata":false},{"id":76226,"structure_id":12892,"section_number":"46.2-334.02","catch_line":"Licenses issued to persons less than twenty years old subject to certain restrictions","url":"\/46.2-334.02\/","token":"46.2\/II\/3\/5\/46.2-334.02","metadata":false},{"id":85632,"structure_id":12892,"section_number":"46.2-334.1","catch_line":"Knowledge test; waiting period prior to reexamination","url":"\/46.2-334.1\/","token":"46.2\/II\/3\/5\/46.2-334.1","metadata":false},{"id":80637,"structure_id":12892,"section_number":"46.2-335","catch_line":"Learner's permits; fees; certification required","url":"\/46.2-335\/","token":"46.2\/II\/3\/5\/46.2-335","metadata":false},{"id":78353,"structure_id":12892,"section_number":"46.2-335.1","catch_line":"Knowledge test; waiting period prior to reexamination","url":"\/46.2-335.1\/","token":"46.2\/II\/3\/5\/46.2-335.1","metadata":false},{"id":70055,"structure_id":12892,"section_number":"46.2-335.2","catch_line":"Learner's permits; required before driver's license; minimum holding period","url":"\/46.2-335.2\/","token":"46.2\/II\/3\/5\/46.2-335.2","metadata":false},{"id":83220,"structure_id":12892,"section_number":"46.2-336","catch_line":"Manner of issuing original driver's licenses to minors","url":"\/46.2-336\/","token":"46.2\/II\/3\/5\/46.2-336","metadata":false},{"id":78428,"structure_id":12892,"section_number":"46.2-337","catch_line":"Examination and road test required for license to operate motorcycle; regulations","url":"\/46.2-337\/","token":"46.2\/II\/3\/5\/46.2-337","metadata":false},{"id":79936,"structure_id":12892,"section_number":"46.2-338","catch_line":"Repealed","url":"\/46.2-338\/","token":"46.2\/II\/3\/5\/46.2-338","metadata":false},{"id":70529,"structure_id":12892,"section_number":"46.2-339","catch_line":"Qualifications of school bus operators; training; examination","url":"\/46.2-339\/","token":"46.2\/II\/3\/5\/46.2-339","metadata":false},{"id":67491,"structure_id":12892,"section_number":"46.2-340","catch_line":"Information concerning school bus drivers and driver education instructors","url":"\/46.2-340\/","token":"46.2\/II\/3\/5\/46.2-340","metadata":false}],"previous_section":{"id":54013,"structure_id":12892,"section_number":"46.2-334.001","catch_line":"Court to suspend driver's license issued to certain minors","url":"\/46.2-334.001\/","token":"46.2\/II\/3\/5\/46.2-334.001","metadata":false},"next_section":{"id":76226,"structure_id":12892,"section_number":"46.2-334.02","catch_line":"Licenses issued to persons less than twenty years old subject to certain restrictions","url":"\/46.2-334.02\/","token":"46.2\/II\/3\/5\/46.2-334.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-334.01\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapters 124<\/a> and 792<\/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. It has been modified 8 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 2001, chapters 655<\/a>, 659<\/a>, and 665<\/a>; in 2002, chapters 61<\/a> and 807<\/a>; in 2003, chapters 308<\/a>, 323<\/a>, and 771<\/a>; in 2007, chapter 777<\/a>; in 2009, chapter 54<\/a>; in 2013, chapters 397<\/a> and 579<\/a>; in 2015, chapters 502<\/a> and 503<\/a>; in 2016, chapter 488<\/a>.<\/p>","references":[{"id":79899,"section_number":"46.2-498","catch_line":"Driver improvement clinics; voluntary attendance","order_by":null,"url":"\/46.2-498\/"}],"refers_to":[{"id":82666,"section_number":"16.1-278.10","catch_line":"Traffic infractions","order_by":null,"url":"\/16.1-278.10\/"},{"id":56874,"section_number":"46.2-1091","catch_line":"Safety belts to be worn by certain bus drivers","order_by":null,"url":"\/46.2-1091\/"},{"id":86011,"section_number":"46.2-1095","catch_line":"Child restraint devices required when transporting certain children; safety belts for passengers less than 18 years old required","order_by":null,"url":"\/46.2-1095\/"},{"id":62223,"section_number":"46.2-489","catch_line":"Regulations; appeals","order_by":null,"url":"\/46.2-489\/"},{"id":79899,"section_number":"46.2-498","catch_line":"Driver improvement clinics; voluntary attendance","order_by":null,"url":"\/46.2-498\/"}],"permalink":{"id":226525,"object_type":"law","relational_id":61788,"identifier":"46.2-334.01","token":"46.2\/II\/3\/5\/46.2-334.01","url":"\/46.2-334.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-334.01\/","token":"46.2\/II\/3\/5\/46.2-334.01","dublin_core":{"Title":"Licenses issued to persons less than 18 years old subject to certain restrictions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-334.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any learner’s permit or driver<\/span>’s license issued to any person less than 18 years old shall be subject to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Notwithstanding the provisions of § 46.2-498<\/a>, whenever the driving record of a person less than 19 years old shows that he has been convicted of committing, when he was less than 18 years old, (i) an offense<\/span> for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489<\/a> et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091<\/a> et seq.) or Article 13 (§ 46.2-1095<\/a> et seq.) of Chapter 10, the Commissioner<\/span> shall direct such person to attend a driver improvement clinic<\/span>. No safe driving points shall be awarded for such clinic attendance, nor shall any safe driving points be awarded for voluntary or court<\/span>-assigned clinic attendance. Such person’s parent, guardian, legal custodian, or other person standing in loco parentis may attend such clinic and receive a reduction in demerit points and\/or an award of safe driving points pursuant to § 46.2-498<\/a>. The provisions of this subdivision shall not be construed to prohibit awarding of safe driving points to a person less than 18 years old who attends and successfully completes a driver improvement clinic<\/span> without having been directed to do so by the Commissioner<\/span> or required to do so by a court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If any person less than 19 years old is convicted a second time of committing, when he was less than 18 years old, (i) an offense<\/span> for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489<\/a> et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091<\/a> et seq.) or Article 13 (§ 46.2-1095<\/a> et seq.) of Chapter 10, the Commissioner<\/span> shall suspend<\/span> such person’s driver’s license or privilege<\/span> to operate a motor vehicle<\/span> for 90 days. Such suspension<\/span> shall be consecutive to, and not concurrent with, any other period of license suspension<\/span>, revocation<\/span>, or denial. Any person who has had his driver’s license or privilege<\/span> to operate a motor vehicle<\/span> suspended in accordance with this subdivision may petition<\/span> the juvenile and domestic relations district court<\/span> of his residence for a restricted license to authorize such person to drive a motor vehicle<\/span> in the Commonwealth to and from his home, his place of employment, or an institution of higher education where he is enrolled, provided there is no other means of transportation by which such person may travel between his home and his place of employment or the institution of higher education where he is enrolled. On such petition<\/span> the court<\/span> may, in its discretion, authorize the issuance of a restricted license for a period not to exceed the term of the suspension<\/span> of the person’s license or privilege<\/span> to operate a motor vehicle<\/span> in the Commonwealth. Such restricted license shall be valid solely for operation of a motor vehicle<\/span> between such person’s home and his place of employment or the institution of higher education where he is enrolled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If any person is convicted a third time of committing, when he was less than 18 years old, (i) an offense<\/span> for which demerit points have been assessed or are assessable under Article 19 (§ 46.2-489<\/a> et seq.) or (ii) a violation of any provision of Article 12 (§ 46.2-1091<\/a> et seq.) or Article 13 (§ 46.2-1095<\/a> et seq.) of Chapter 10, the Commissioner<\/span> shall revoke<\/span> such person’s driver’s license or privilege<\/span> to operate a motor vehicle<\/span> for one year or until such person reaches the age of 18 years, whichever is longer. Such revocation<\/span> shall be consecutive to, and not concurrent with, any other period of license suspension<\/span>, revocation<\/span>, or denial. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In no event shall any person subject to the provisions of this section be subject to the suspension<\/span> or revocation<\/span> provisions of subdivision 2 or 3 for multiple convictions<\/span> arising out of the same transaction or occurrence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The initial license issued to any person younger than 18 years of age shall be deemed a provisional driver’s license. Until the holder is 18 years old, a provisional driver’s license shall not authorize its holder to operate a motor vehicle<\/span> with more than one passenger who is less than 21 years old. After the first year the provisional license is issued, the holder may operate a motor vehicle<\/span> with up to three passengers who are less than 21 years old (i) when the holder is driving to or from a school-sponsored activity, (ii) when a licensed driver who is at least 21 years old is occupying the seat beside the driver, or (iii) in cases of emergency. These passenger limitations, however, shall not apply to members of the driver’s family or household. For the purposes of this subsection, “a member of the driver’s family or household” means any of the following: (a) the driver’s spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters, first cousins, and any individual who has a child in common with the driver, whether or not they reside in the same home with the driver; (b) the driver’s brothers-in-law<\/span> and sisters-in-law<\/span> who reside in the same home with the driver; and (c) any individual who cohabits with the driver, and any children of such individual residing in the same home with the driver. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The holder of a provisional driver’s license shall not operate a motor vehicle<\/span> on the highways<\/span><\/span> of the Commonwealth between the hours of midnight and 4:00 a.m. except when driving (i) to or from a place of business where he is employed; (ii) to or from an activity that is supervised by an adult and is sponsored by a school or by a civic, religious, or public organization; (iii) accompanied by a parent, a person acting in loco parentis, or by a spouse who is 18 years old or older, provided that such person accompanying the driver is actually occupying a seat beside the driver and is lawfully permitted to operate a motor vehicle<\/span> at the time; or (iv) in cases of emergency, including response by volunteer firefighters and volunteer emergency medical services personnel to emergency calls. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisional driver’s license restrictions in subsections B and C shall expire on the holder’s eighteenth birthday. A violation of the provisional driver’s license restrictions in subsection B or C shall constitute a traffic infraction<\/span>. For a second or subsequent violation of the provisional driver’s license restrictions in subsection B or C, in addition to any other penalties that may be imposed pursuant to § 16.1-278.10<\/a>, the court<\/span> may suspend<\/span> the juvenile’s privilege<\/span> to drive for a period not to exceed six months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A violation of subsection B or C shall not constitute negligence<\/span>, be considered in mitigation of damages<\/span> of whatever nature, be admissible<\/span> in evidence<\/span>, or be the subject of comment by counsel<\/span> in any action for the recovery of damages<\/span> arising out of the operation, ownership, or maintenance of a motor vehicle<\/span>, nor shall anything in this subsection change any existing law<\/span>, rule, or procedure pertaining to any such civil action<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No law<\/span>-enforcement officer<\/span> shall stop a motor vehicle<\/span> for a violation of this section. No evidence<\/span> discovered or obtained as the result of a stop in violation of this subsection, including evidence<\/span> discovered or obtained with the operator<\/span>’s consent, shall be admissible<\/span> in any trial<\/span>, hearing<\/span>, or other proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLICENSES ISSUED TO PERSONS LESS THAN 18 YEARS OLD SUBJECT TO CERTAIN\nRESTRICTIONS (\u00a7 46.2-334.01)\n\nA. Any learner’s permit or driver’s license issued to any person\nless than 18 years old shall be subject to the following:\n\n 1. Notwithstanding the provisions of § 46.2-498, whenever the driving\n record of a person less than 19 years old shows that he has been convicted of\n committing, when he was less than 18 years old, (i) an offense for which\n demerit points have been assessed or are assessable under Article 19 (§\n 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§\n 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the\n Commissioner shall direct such person to attend a driver improvement clinic.\n No safe driving points shall be awarded for such clinic attendance, nor shall\n any safe driving points be awarded for voluntary or court-assigned clinic\n attendance. Such person’s parent, guardian, legal custodian, or other\n person standing in loco parentis may attend such clinic and receive a\n reduction in demerit points and\/or an award of safe driving points pursuant to\n § 46.2-498. The provisions of this subdivision shall not be construed to\n prohibit awarding of safe driving points to a person less than 18 years old\n who attends and successfully completes a driver improvement clinic without\n having been directed to do so by the Commissioner or required to do so by a\n court.\n\n 2. If any person less than 19 years old is convicted a second time of\n committing, when he was less than 18 years old, (i) an offense for which\n demerit points have been assessed or are assessable under Article 19 (§\n 46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (§\n 46.2-1091 et seq.) or Article 13 (§ 46.2-1095 et seq.) of Chapter 10, the\n Commissioner shall suspend such person’s driver’s license or\n privilege to operate a motor vehicle for 90 days. Such suspension shall be\n consecutive to, and not concurrent with, any other period of license\n suspension, revocation, or denial. Any person who has had his driver’s\n license or privilege to operate a motor vehicle suspended in accordance with\n this subdivision may petition the juvenile and domestic relations district\n court of his residence for a restricted license to authorize such person to\n drive a motor vehicle in the Commonwealth to and from his home, his place of\n employment, or an institution of higher education where he is enrolled,\n provided there is no other means of transportation by which such person may\n travel between his home and his place of employment or the institution of\n higher education where he is enrolled. On such petition the court may, in its\n discretion, authorize the issuance of a restricted license for a period not to\n exceed the term of the suspension of the person’s license or privilege\n to operate a motor vehicle in the Commonwealth. Such restricted license shall\n be valid solely for operation of a motor vehicle between such person’s\n home and his place of employment or the institution of higher education where\n he is enrolled.\n\n 3. If any person is convicted a third time of committing, when he was less\n than 18 years old, (i) an offense for which demerit points have been assessed\n or are assessable under Article 19 (§ 46.2-489 et seq.) or (ii) a\n violation of any provision of Article 12 (§ 46.2-1091 et seq.) or Article\n 13 (§ 46.2-1095 et seq.) of Chapter 10, the Commissioner shall revoke\n such person’s driver’s license or privilege to operate a motor\n vehicle for one year or until such person reaches the age of 18 years,\n whichever is longer. Such revocation shall be consecutive to, and not\n concurrent with, any other period of license suspension, revocation, or\n denial.\n\n 4. In no event shall any person subject to the provisions of this section be\n subject to the suspension or revocation provisions of subdivision 2 or 3 for\n multiple convictions arising out of the same transaction or occurrence.\n\nB. The initial license issued to any person younger than 18 years of age shall\nbe deemed a provisional driver’s license. Until the holder is 18 years\nold, a provisional driver’s license shall not authorize its holder to\noperate a motor vehicle with more than one passenger who is less than 21 years\nold. After the first year the provisional license is issued, the holder may\noperate a motor vehicle with up to three passengers who are less than 21 years\nold (i) when the holder is driving to or from a school-sponsored activity, (ii)\nwhen a licensed driver who is at least 21 years old is occupying the seat beside\nthe driver, or (iii) in cases of emergency. These passenger limitations,\nhowever, shall not apply to members of the driver’s family or household.\nFor the purposes of this subsection, “a member of the driver’s\nfamily or household” means any of the following: (a) the driver’s\nspouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters,\nfirst cousins, and any individual who has a child in common with the driver,\nwhether or not they reside in the same home with the driver; (b) the\ndriver’s brothers-in-law and sisters-in-law who reside in the same home\nwith the driver; and (c) any individual who cohabits with the driver, and any\nchildren of such individual residing in the same home with the driver.\n\nC. The holder of a provisional driver’s license shall not operate a motor\nvehicle on the highways of the Commonwealth between the hours of midnight and\n4:00 a.m. except when driving (i) to or from a place of business where he is\nemployed; (ii) to or from an activity that is supervised by an adult and is\nsponsored by a school or by a civic, religious, or public organization; (iii)\naccompanied by a parent, a person acting in loco parentis, or by a spouse who is\n18 years old or older, provided that such person accompanying the driver is\nactually occupying a seat beside the driver and is lawfully permitted to operate\na motor vehicle at the time; or (iv) in cases of emergency, including response\nby volunteer firefighters and volunteer emergency medical services personnel to\nemergency calls.\n\nD. The provisional driver’s license restrictions in subsections B and C\nshall expire on the holder’s eighteenth birthday. A violation of the\nprovisional driver’s license restrictions in subsection B or C shall\nconstitute a traffic infraction. For a second or subsequent violation of the\nprovisional driver’s license restrictions in subsection B or C, in\naddition to any other penalties that may be imposed pursuant to §\n16.1-278.10, the court may suspend the juvenile’s privilege to drive for a\nperiod not to exceed six months.\n\nE. A violation of subsection B or C shall not constitute negligence, be\nconsidered in mitigation of damages of whatever nature, be admissible in\nevidence, or be the subject of comment by counsel in any action for the recovery\nof damages arising out of the operation, ownership, or maintenance of a motor\nvehicle, nor shall anything in this subsection change any existing law, rule, or\nprocedure pertaining to any such civil action.\n\nF. No law-enforcement officer shall stop a motor vehicle for a violation of this\nsection. No evidence discovered or obtained as the result of a stop in violation\nof this subsection, including evidence discovered or obtained with the\noperator’s consent, shall be admissible in any trial, hearing, or other\nproceeding.\n\nHISTORY: 1998, cc. 124, 792; 2001, cc. 655, 659, 665; 2002, cc. 61, 807; 2003,\ncc. 308, 323, 771; 2007, c. 777; 2009, c. 54; 2013, cc. 397, 579; 2015, cc. 502,\n503; 2016, c. 488; 2020, Sp. Sess. I, cc. 45, 51; 2021, Sp. Sess. I, cc. 132,\n381.","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}}