{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-335.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-335.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-335.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-335.html"}],"law_id":80637,"edition_id":1,"section_id":80637,"structure_id":12892,"section_number":"46.2-335","catch_line":"Learner’s permits; fees; certification required","history":"Code 1950, \u00a7\u00a7 46-353, 46-361, 46-363, 46-364; 1950, p. 249; 1952, c. 396; 1954, c. 123; 1956, c. 665; 1958, c. 541, \u00a7 46.1-357; 1960, cc. 110, 424; 1962, cc. 254, 482; 1964, c. 617; 1966, c. 36; 1968, c. 642; 1970, c. 41; 1972, c. 823; 1973, c. 1; 1974, cc. 223, 542; 1976, c. 8; 1977, cc. 548, 552; 1980, c. 165; 1982, c. 287; 1984, c. 780; 1987, cc. 154, 632; 1989, cc. 392, 705, 727; 1993, cc. 471, 501; 1995, cc. 254, 337, 535, 847; 1996, cc. 892, 894, 918, 943, 994, 1011, 1022, 1035; 1997, c. 841; 1998, c. 322; 1999, cc. 459, 462; 2000, c. 686; 2001, cc. 659, 665; 2004, cc. 733, 805; 2008, cc. 493, 735; 2010, cc. 541, 593; 2012, cc. 215, 222; 2016, c. 488; 2020, cc. 1227, 1246; 2020, Sp. Sess. I, cc. 45, 51; 2021, Sp. Sess. I, c. 381; 2025, c. 181.","full_text":"A\n\nThe Department, on receiving from any Virginia resident over the age of 15 years and six months an application for a learner’s permit or motorcycle learner’s permit, may, subject to the applicant’s satisfactory documentation of meeting the requirements of this chapter and successful completion of the written or automated knowledge and vision examinations and, in the case of a motorcycle learner’s permit applicant, the automated motorcycle test, issue a permit entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle or, if the application is made for a motorcycle learner’s permit, a motorcycle, on the highways, when accompanied by any licensed driver 21 years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister 18 years of age or older. The accompanying person shall be (i) alert, able to assist the driver, and actually occupying a seat beside the driver or, for motorcycle instruction, providing immediate supervision from a separate accompanying motor vehicle and (ii) lawfully permitted to operate the motor vehicle or accompanying motorcycle at that time.\n\t\t\tThe Department shall not, however, issue a learner’s permit or motorcycle learner’s permit to any minor applicant required to provide evidence of compliance with the compulsory school attendance law set forth in Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1, unless such applicant is in good academic standing or, if not in such standing or submitting evidence thereof, whose parent or guardian, having custody of such minor, provides written authorization for the minor to obtain a learner’s permit or motorcycle learner’s permit, which written authorization shall be obtained on forms provided by the Department and indicating the Commonwealth’s interest in the good academic standing and regular school attendance of such minors. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a learner’s permit or motorcycle learner’s permit.\n\t\t\tSuch permit, except a motorcycle learner’s permit, shall be valid until the holder thereof either is issued a driver’s license as provided for in this chapter or no longer meets the qualifications for issuance of a learner’s permit as provided in this section. Motorcycle learner’s permits shall be valid for 12 months. When a motorcycle learner’s permit expires, the permittee may, upon submission of an application, payment of the application fee, and successful completion of the examinations, be issued another motorcycle learner’s permit valid for 12 months.\n\t\t\tAny person 25 years of age or older who is eligible to receive an operator’s license in Virginia, but who is required, pursuant to § 46.2-324.1, to be issued a learner’s permit for 60 days prior to his first behind-the-wheel exam, may be issued such learner’s permit even though restrictions on his driving privilege have been ordered by a court. Any such learner’s permit shall be subject to the restrictions ordered by the court.B\n\nNo driver’s license shall be issued to any such person who is less than 18 years old unless, while holding a learner’s permit, he has driven a motor vehicle for at least 45 hours, at least 15 of which were after sunset, as certified by his parent, foster parent, or legal guardian unless the person is married or otherwise emancipated. Such certification shall be on a form provided by the Commissioner and shall contain the following statement:\n\t\t\t“It is illegal for anyone to give false information in connection with obtaining a driver’s license. This certification is considered part of the driver’s license application, and anyone who certifies to a false statement may be prosecuted. I certify that the statements made and the information submitted by me regarding this certification are true and correct.”\n\t\t\tSuch form shall also include the driver’s license or Department of Motor Vehicles-issued identification card number of the person making the certification.C\n\nNo learner’s permit shall authorize its holder to operate a motor vehicle with more than one passenger who is less than 21 years old, except when participating in a driver education program approved by the Department of Education or a course offered by a driver training school licensed by the Department. This passenger limitation, however, shall not apply to the members of the driver’s family or household as defined in subsection B of § 46.2-334.01.D\n\nNo learner’s permit shall authorize its holder to operate a motor vehicle between midnight and four o’clock a.m.E\n\nA violation of subsection C or D 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\nThe provisions of §§ 46.2-323 and 46.2-334 relating to evidence and certification of Virginia residence and, in the case of persons of school age, compliance with the compulsory school attendance law shall apply, mutatis mutandis, to applications for learner’s permits and motorcycle learner’s permits issued under this section.G\n\nFor persons qualifying for a driver’s license through driver education courses approved by the Department of Education or courses offered by driver training schools licensed by the Department, the application for the learner’s permit shall be used as the application for the driver’s license.H\n\nThe Department shall charge a fee of $3 for each learner’s permit and motorcycle learner’s permit issued under this section, except no such fee shall be charged for homeless youth, as described in subdivision A 7 of § 22.1-3. Fees for issuance of learner’s permits shall be paid into the driver education fund of the state treasury; fees for issuance of motorcycle learner’s permits, other than permits issued under § 46.2-328.3, shall be paid into the state treasury and credited to the Motorcycle Rider Safety Training Program Fund created pursuant to § 46.2-1191. It is unlawful for any person, after having received a learner’s permit, to drive a motor vehicle without being accompanied by a licensed driver as provided in the foregoing provisions of this section; however, a learner’s permit other than a motorcycle learner’s permit, accompanied by documentation verifying that the driver is at least 16 years and three months old and has successfully completed an approved driver’s education course, signed by the minor’s parent, guardian, legal custodian or other person standing in loco parentis, shall constitute a temporary driver’s license for the purpose of driving unaccompanied by a licensed driver 18 years of age or older, if all other requirements of this chapter have been met. Such temporary driver’s license shall only be valid until the driver has received his permanent license pursuant to § 46.2-336.I\n\nNothing in this section shall be construed to permit the issuance of a learner’s permit entitling a person to drive a commercial motor vehicle, except as provided by the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).J\n\nThe following limitations shall apply to operation of motorcycles by all persons holding motorcycle learner’s permits:1\n\nThe operator shall wear an approved safety helmet as provided in § 46.2-910.2\n\nOperation shall be under the immediate supervision of a person licensed to operate a motorcycle who is 21 years of age or older.3\n\nNo person other than the operator shall occupy the motorcycle.K\n\nAny violation of this section is punishable as a Class 2 misdemeanor.","order_by":null,"text":{"0":{"id":288995,"text":"The Department, on receiving from any Virginia resident over the age of 15 years and six months an application for a learner’s permit or motorcycle learner’s permit, may, subject to the applicant’s satisfactory documentation of meeting the requirements of this chapter and successful completion of the written or automated knowledge and vision examinations and, in the case of a motorcycle learner’s permit applicant, the automated motorcycle test, issue a permit entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle or, if the application is made for a motorcycle learner’s permit, a motorcycle, on the highways, when accompanied by any licensed driver 21 years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister 18 years of age or older. The accompanying person shall be (i) alert, able to assist the driver, and actually occupying a seat beside the driver or, for motorcycle instruction, providing immediate supervision from a separate accompanying motor vehicle and (ii) lawfully permitted to operate the motor vehicle or accompanying motorcycle at that time.\n\t\t\tThe Department shall not, however, issue a learner’s permit or motorcycle learner’s permit to any minor applicant required to provide evidence of compliance with the compulsory school attendance law set forth in Article 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1, unless such applicant is in good academic standing or, if not in such standing or submitting evidence thereof, whose parent or guardian, having custody of such minor, provides written authorization for the minor to obtain a learner’s permit or motorcycle learner’s permit, which written authorization shall be obtained on forms provided by the Department and indicating the Commonwealth’s interest in the good academic standing and regular school attendance of such minors. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a learner’s permit or motorcycle learner’s permit.\n\t\t\tSuch permit, except a motorcycle learner’s permit, shall be valid until the holder thereof either is issued a driver’s license as provided for in this chapter or no longer meets the qualifications for issuance of a learner’s permit as provided in this section. Motorcycle learner’s permits shall be valid for 12 months. When a motorcycle learner’s permit expires, the permittee may, upon submission of an application, payment of the application fee, and successful completion of the examinations, be issued another motorcycle learner’s permit valid for 12 months.\n\t\t\tAny person 25 years of age or older who is eligible to receive an operator’s license in Virginia, but who is required, pursuant to § 46.2-324.1, to be issued a learner’s permit for 60 days prior to his first behind-the-wheel exam, may be issued such learner’s permit even though restrictions on his driving privilege have been ordered by a court. Any such learner’s permit shall be subject to the restrictions ordered by the court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":288996,"text":"No driver’s license shall be issued to any such person who is less than 18 years old unless, while holding a learner’s permit, he has driven a motor vehicle for at least 45 hours, at least 15 of which were after sunset, as certified by his parent, foster parent, or legal guardian unless the person is married or otherwise emancipated. Such certification shall be on a form provided by the Commissioner and shall contain the following statement:\n\t\t\t“It is illegal for anyone to give false information in connection with obtaining a driver’s license. This certification is considered part of the driver’s license application, and anyone who certifies to a false statement may be prosecuted. I certify that the statements made and the information submitted by me regarding this certification are true and correct.”\n\t\t\tSuch form shall also include the driver’s license or Department of Motor Vehicles-issued identification card number of the person making the certification.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":288997,"text":"No learner’s permit shall authorize its holder to operate a motor vehicle with more than one passenger who is less than 21 years old, except when participating in a driver education program approved by the Department of Education or a course offered by a driver training school licensed by the Department. This passenger limitation, however, shall not apply to the members of the driver’s family or household as defined in subsection B of § 46.2-334.01.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":288998,"text":"No learner’s permit shall authorize its holder to operate a motor vehicle between midnight and four o’clock a.m.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":288999,"text":"A violation of subsection C or D 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"},"5":{"id":289000,"text":"The provisions of §§ 46.2-323 and 46.2-334 relating to evidence and certification of Virginia residence and, in the case of persons of school age, compliance with the compulsory school attendance law shall apply, mutatis mutandis, to applications for learner’s permits and motorcycle learner’s permits issued under this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":289001,"text":"For persons qualifying for a driver’s license through driver education courses approved by the Department of Education or courses offered by driver training schools licensed by the Department, the application for the learner’s permit shall be used as the application for the driver’s license.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":289002,"text":"The Department shall charge a fee of $3 for each learner’s permit and motorcycle learner’s permit issued under this section, except no such fee shall be charged for homeless youth, as described in subdivision A 7 of § 22.1-3. Fees for issuance of learner’s permits shall be paid into the driver education fund of the state treasury; fees for issuance of motorcycle learner’s permits, other than permits issued under § 46.2-328.3, shall be paid into the state treasury and credited to the Motorcycle Rider Safety Training Program Fund created pursuant to § 46.2-1191. It is unlawful for any person, after having received a learner’s permit, to drive a motor vehicle without being accompanied by a licensed driver as provided in the foregoing provisions of this section; however, a learner’s permit other than a motorcycle learner’s permit, accompanied by documentation verifying that the driver is at least 16 years and three months old and has successfully completed an approved driver’s education course, signed by the minor’s parent, guardian, legal custodian or other person standing in loco parentis, shall constitute a temporary driver’s license for the purpose of driving unaccompanied by a licensed driver 18 years of age or older, if all other requirements of this chapter have been met. Such temporary driver’s license shall only be valid until the driver has received his permanent license pursuant to § 46.2-336.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":289003,"text":"Nothing in this section shall be construed to permit the issuance of a learner’s permit entitling a person to drive a commercial motor vehicle, except as provided by the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":289004,"text":"The following limitations shall apply to operation of motorcycles by all persons holding motorcycle learner’s permits:","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"J1"},"10":{"id":289005,"text":"The operator shall wear an approved safety helmet as provided in § 46.2-910.","type":"section","prefixes":["J","1"],"prefix":"1","entire_prefix":"J1","prefix_anchor":"J1","level":2,"prior_prefix":"J","next_prefix":"J2"},"11":{"id":289006,"text":"Operation shall be under the immediate supervision of a person licensed to operate a motorcycle who is 21 years of age or older.","type":"section","prefixes":["J","2"],"prefix":"2","entire_prefix":"J2","prefix_anchor":"J2","level":2,"prior_prefix":"J1","next_prefix":"J3"},"12":{"id":289007,"text":"No person other than the operator shall occupy the motorcycle.","type":"section","prefixes":["J","3"],"prefix":"3","entire_prefix":"J3","prefix_anchor":"J3","level":2,"prior_prefix":"J2","next_prefix":"K"},"13":{"id":289008,"text":"Any violation of this section is punishable as a Class 2 misdemeanor.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-335\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 35 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 396; in 1954, chapter 123; in 1956, chapter 665; in 1958, chapter 541; in 1960, chapters 110 and 424; in 1962, chapters 254 and 482; in 1964, chapter 617; in 1966, chapter 36; in 1968, chapter 642; in 1970, chapter 41; in 1972, chapter 823; in 1973, chapter 1; in 1974, chapters 223 and 542; in 1976, chapter 8; in 1977, chapters 548 and 552; in 1980, chapter 165; in 1982, chapter 287; in 1984, chapter 780; in 1987, chapters 154 and 632; in 1989, chapters 392, 705, and 727; in 1993, chapters 471 and 501; in 1995, chapters 254<\/a>, 337<\/a>, 535<\/a>, and 847<\/a>; in 1996, chapters 892<\/a>, 894<\/a>, 918<\/a>, 943<\/a>, 994<\/a>, 1011<\/a>, 1022<\/a>, and 1035<\/a>; in 1997, chapter 841<\/a>; in 1998, chapter 322<\/a>; in 1999, chapters 459<\/a> and 462<\/a>; in 2000, chapter 686<\/a>; in 2001, chapters 659<\/a> and 665<\/a>; in 2004, chapters 733<\/a> and 805<\/a>; in 2008, chapters 493<\/a> and 735<\/a>; in 2010, chapters 541<\/a> and 593<\/a>; in 2012, chapters 215<\/a> and 222<\/a>; in 2016, chapter 488<\/a>; in 2020, chapters 1227<\/a> and 1246<\/a>; in 2025, chapter 181<\/a>.<\/p>","references":[{"id":82754,"section_number":"16.1-334","catch_line":"Effects of order","order_by":null,"url":"\/16.1-334\/"},{"id":58397,"section_number":"22.1-205","catch_line":"Driver education programs","order_by":null,"url":"\/22.1-205\/"},{"id":53958,"section_number":"46.2-301.1","catch_line":"Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle","order_by":null,"url":"\/46.2-301.1\/"},{"id":77772,"section_number":"46.2-312","catch_line":"Persons using bioptic telescopic lenses","order_by":null,"url":"\/46.2-312\/"},{"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":55605,"section_number":"46.2-334","catch_line":"Conditions and requirements for licensure of persons under 18","order_by":null,"url":"\/46.2-334\/"},{"id":78353,"section_number":"46.2-335.1","catch_line":"Knowledge test; waiting period prior to reexamination","order_by":null,"url":"\/46.2-335.1\/"},{"id":70055,"section_number":"46.2-335.2","catch_line":"Learner's permits; required before driver's license; minimum holding period","order_by":null,"url":"\/46.2-335.2\/"},{"id":60368,"section_number":"8.01-64","catch_line":"Liability for negligence of minor","order_by":null,"url":"\/8.01-64\/"}],"refers_to":[{"id":64677,"section_number":"22.1-254","catch_line":"Compulsory attendance required; excuses and waivers; alternative education program attendance; exemptions from article","order_by":null,"url":"\/22.1-254\/"},{"id":81351,"section_number":"22.1-3","catch_line":"Persons to whom public schools shall be free","order_by":null,"url":"\/22.1-3\/"},{"id":53986,"section_number":"46.2-1191","catch_line":"Motorcycle Rider Safety Training Program Fund","order_by":null,"url":"\/46.2-1191\/"},{"id":74834,"section_number":"46.2-323","catch_line":"Application for driver's license; proof of completion of driver education program; penalty","order_by":null,"url":"\/46.2-323\/"},{"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":61156,"section_number":"46.2-328.3","catch_line":"Driver privilege cards and permits","order_by":null,"url":"\/46.2-328.3\/"},{"id":55605,"section_number":"46.2-334","catch_line":"Conditions and requirements for licensure of persons under 18","order_by":null,"url":"\/46.2-334\/"},{"id":62139,"section_number":"46.2-341.1","catch_line":"Title","order_by":null,"url":"\/46.2-341.1\/"}],"permalink":{"id":226537,"object_type":"law","relational_id":80637,"identifier":"46.2-335","token":"46.2\/II\/3\/5\/46.2-335","url":"\/46.2-335\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-335\/","token":"46.2\/II\/3\/5\/46.2-335","dublin_core":{"Title":"Learner’s permits; fees; certification required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-335","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span>, on receiving from any Virginia resident over the age of 15 years and six months an application for a learner’s permit or motorcycle<\/span> learner’s permit, may, subject to the applicant’s satisfactory documentation of meeting the requirements of this chapter and successful completion of the written or automated knowledge and vision examinations and, in the case of a motorcycle<\/span> learner’s permit applicant, the automated motorcycle<\/span> test, issue<\/span> a permit entitling the applicant, while having the permit in his immediate possession<\/span>, to drive a motor vehicle<\/span> or, if the application is made for a motorcycle<\/span> learner’s permit, a motorcycle<\/span>, on the highways<\/span><\/span>, when accompanied by any licensed driver<\/span> 21 years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister 18 years of age or older. The accompanying person shall be (i) alert, able to assist the driver<\/span>, and actually occupying a seat beside the driver<\/span> or, for motorcycle<\/span> instruction, providing immediate supervision from a separate accompanying motor vehicle<\/span> and (ii) lawfully permitted to operate the motor vehicle<\/span> or accompanying motorcycle<\/span> at that time.\n\t\t\tThe Department<\/span> shall not, however, issue<\/span> a learner’s permit or motorcycle<\/span> learner’s permit to any minor<\/span> applicant required to provide evidence<\/span> of compliance with the compulsory school attendance law<\/span> set forth in Article 1 (§ 22.1-254<\/a> et seq.) of Chapter 14 of Title 22.1, unless such applicant is in good academic standing or, if not in such standing or submitting evidence<\/span> thereof, whose parent or guardian, having custody<\/span> of such minor<\/span>, provides written authorization for the minor<\/span> to obtain a learner’s permit or motorcycle<\/span> learner’s permit, which written authorization shall be obtained on forms provided by the Department<\/span> and indicating the Commonwealth’s interest in the good academic standing and regular school attendance of such minors<\/span>. Any minor<\/span> providing proper evidence<\/span> of the solemnization of his marriage or a certified copy of a court order<\/span> of emancipation shall not be required to provide the certification of good academic standing or any written authorization from his parent or guardian to obtain a learner’s permit or motorcycle<\/span> learner’s permit.\n\t\t\tSuch permit, except a motorcycle<\/span> learner’s permit, shall be valid until the holder thereof either is issued a driver<\/span>’s license as provided for in this chapter or no longer meets the qualifications for issuance of a learner’s permit as provided in this section. Motorcycle<\/span> learner’s permits shall be valid for 12 months. When a motorcycle<\/span> learner’s permit expires, the permittee may, upon submission of an application, payment of the application fee, and successful completion of the examinations, be issued another motorcycle<\/span> learner’s permit valid for 12 months.\n\t\t\tAny person 25 years of age or older who is eligible to receive an operator<\/span>’s license in Virginia, but who is required, pursuant to § 46.2-324.1<\/a>, to be issued a learner’s permit for 60 days prior to his first behind-the-wheel exam, may be issued such learner’s permit even though restrictions on his driving privilege<\/span> have been ordered by a court. Any such learner’s permit shall be subject to the restrictions ordered by the court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No driver<\/span>’s license shall be issued to any such person who is less than 18 years old unless, while holding a learner’s permit, he has driven a motor vehicle<\/span> for at least 45 hours, at least 15 of which were after sunset, as certified by his parent, foster parent, or legal guardian unless the person is married or otherwise emancipated. Such certification shall be on a form provided by the Commissioner<\/span> and shall contain the following statement:\n\t\t\t“It is illegal for anyone to give false information in connection with obtaining a driver<\/span>’s license. This certification is considered part of the driver<\/span>’s license application, and anyone who certifies to a false statement may be prosecuted. I certify that the statements made and the information submitted by me regarding this certification are true and correct.”\n\t\t\tSuch form shall also include the driver<\/span>’s license or Department<\/span> of Motor Vehicles<\/span>-issued identification card number of the person making the certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No learner’s permit shall authorize its holder to operate a motor vehicle<\/span> with more than one passenger who is less than 21 years old, except when participating in a driver<\/span> education program approved by the Department<\/span> of Education or a course offered by a driver<\/span> training school licensed by the Department<\/span>. This passenger limitation, however, shall not apply to the members of the driver<\/span>’s family or household as defined in subsection B of § 46.2-334.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No learner’s permit shall authorize its holder to operate a motor vehicle<\/span> between midnight and four o’clock a.m. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A violation of subsection C or D 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> The provisions of §§ 46.2-323<\/a> and 46.2-334<\/a> relating to evidence<\/span> and certification of Virginia residence and, in the case of persons of school age, compliance with the compulsory school attendance law<\/span> shall apply, mutatis mutandis<\/span>, to applications for learner’s permits and motorcycle<\/span> learner’s permits issued under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For persons qualifying for a driver<\/span>’s license through driver<\/span> education courses approved by the Department<\/span> of Education or courses offered by driver<\/span> training schools licensed by the Department<\/span>, the application for the learner’s permit shall be used as the application for the driver<\/span>’s license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Department<\/span> shall charge a fee of $3 for each learner’s permit and motorcycle<\/span> learner’s permit issued under this section, except no such fee shall be charged for homeless youth, as described in subdivision A 7 of § 22.1-3<\/a>. Fees for issuance of learner’s permits shall be paid into the driver<\/span> education fund of the state treasury; fees for issuance of motorcycle<\/span> learner’s permits, other than permits issued under § 46.2-328.3<\/a>, shall be paid into the state treasury and credited to the Motorcycle<\/span> Rider Safety Training Program Fund created pursuant to § 46.2-1191<\/a>. It is unlawful for any person, after having received a learner’s permit, to drive a motor vehicle<\/span> without being accompanied by a licensed driver<\/span> as provided in the foregoing provisions of this section; however, a learner’s permit other than a motorcycle<\/span> learner’s permit, accompanied by documentation verifying that the driver<\/span> is at least 16 years and three months old and has successfully completed an approved driver<\/span>’s education course, signed by the minor<\/span>’s parent, guardian, legal custodian or other person standing in loco parentis, shall constitute a temporary driver<\/span>’s license for the purpose of driving unaccompanied by a licensed driver<\/span> 18 years of age or older, if all other requirements of this chapter have been met. Such temporary driver<\/span>’s license shall only be valid until the driver<\/span> has received his permanent license pursuant to § 46.2-336<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing in this section shall be construed to permit the issuance of a learner’s permit entitling a person to drive a commercial motor vehicle<\/span>, except as provided by the Virginia Commercial Driver<\/span>’s License Act (§ 46.2-341.1<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The following limitations shall apply to operation of motorcycles<\/span> by all persons holding motorcycle<\/span> learner’s permits: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The operator<\/span> shall wear an approved safety helmet as provided in § 46.2-910<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Operation shall be under the immediate supervision of a person licensed to operate a motorcycle<\/span> who is 21 years of age or older. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> No person other than the operator<\/span> shall occupy the motorcycle<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Any violation of this section is punishable as a Class 2 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLEARNER’S PERMITS; FEES; CERTIFICATION REQUIRED (\u00a7 46.2-335)\n\nA. The Department, on receiving from any Virginia resident over the age of 15\nyears and six months an application for a learner’s permit or motorcycle\nlearner’s permit, may, subject to the applicant’s satisfactory\ndocumentation of meeting the requirements of this chapter and successful\ncompletion of the written or automated knowledge and vision examinations and, in\nthe case of a motorcycle learner’s permit applicant, the automated\nmotorcycle test, issue a permit entitling the applicant, while having the permit\nin his immediate possession, to drive a motor vehicle or, if the application is\nmade for a motorcycle learner’s permit, a motorcycle, on the highways,\nwhen accompanied by any licensed driver 21 years of age or older or by his\nparent or legal guardian, or by a brother, sister, half-brother, half-sister,\nstep-brother, or step-sister 18 years of age or older. The accompanying person\nshall be (i) alert, able to assist the driver, and actually occupying a seat\nbeside the driver or, for motorcycle instruction, providing immediate\nsupervision from a separate accompanying motor vehicle and (ii) lawfully\npermitted to operate the motor vehicle or accompanying motorcycle at that time.\n\t\t\tThe Department shall not, however, issue a learner’s permit or\nmotorcycle learner’s permit to any minor applicant required to provide\nevidence of compliance with the compulsory school attendance law set forth in\nArticle 1 (§ 22.1-254 et seq.) of Chapter 14 of Title 22.1, unless such\napplicant is in good academic standing or, if not in such standing or submitting\nevidence thereof, whose parent or guardian, having custody of such minor,\nprovides written authorization for the minor to obtain a learner’s permit\nor motorcycle learner’s permit, which written authorization shall be\nobtained on forms provided by the Department and indicating the\nCommonwealth’s interest in the good academic standing and regular school\nattendance of such minors. Any minor providing proper evidence of the\nsolemnization of his marriage or a certified copy of a court order of\nemancipation shall not be required to provide the certification of good academic\nstanding or any written authorization from his parent or guardian to obtain a\nlearner’s permit or motorcycle learner’s permit.\n\t\t\tSuch permit, except a motorcycle learner’s permit, shall be valid until\nthe holder thereof either is issued a driver’s license as provided for in\nthis chapter or no longer meets the qualifications for issuance of a\nlearner’s permit as provided in this section. Motorcycle learner’s\npermits shall be valid for 12 months. When a motorcycle learner’s permit\nexpires, the permittee may, upon submission of an application, payment of the\napplication fee, and successful completion of the examinations, be issued\nanother motorcycle learner’s permit valid for 12 months.\n\t\t\tAny person 25 years of age or older who is eligible to receive an\noperator’s license in Virginia, but who is required, pursuant to §\n46.2-324.1, to be issued a learner’s permit for 60 days prior to his first\nbehind-the-wheel exam, may be issued such learner’s permit even though\nrestrictions on his driving privilege have been ordered by a court. Any such\nlearner’s permit shall be subject to the restrictions ordered by the\ncourt.\n\nB. No driver’s license shall be issued to any such person who is less than\n18 years old unless, while holding a learner’s permit, he has driven a\nmotor vehicle for at least 45 hours, at least 15 of which were after sunset, as\ncertified by his parent, foster parent, or legal guardian unless the person is\nmarried or otherwise emancipated. Such certification shall be on a form provided\nby the Commissioner and shall contain the following statement:\n\t\t\t“It is illegal for anyone to give false information in connection with\nobtaining a driver’s license. This certification is considered part of the\ndriver’s license application, and anyone who certifies to a false\nstatement may be prosecuted. I certify that the statements made and the\ninformation submitted by me regarding this certification are true and\ncorrect.”\n\t\t\tSuch form shall also include the driver’s license or Department of\nMotor Vehicles-issued identification card number of the person making the\ncertification.\n\nC. No learner’s permit shall authorize its holder to operate a motor\nvehicle with more than one passenger who is less than 21 years old, except when\nparticipating in a driver education program approved by the Department of\nEducation or a course offered by a driver training school licensed by the\nDepartment. This passenger limitation, however, shall not apply to the members\nof the driver’s family or household as defined in subsection B of §\n46.2-334.01.\n\nD. No learner’s permit shall authorize its holder to operate a motor\nvehicle between midnight and four o’clock a.m.\n\nE. A violation of subsection C or D 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. The provisions of §§ 46.2-323 and 46.2-334 relating to evidence and\ncertification of Virginia residence and, in the case of persons of school age,\ncompliance with the compulsory school attendance law shall apply, mutatis\nmutandis, to applications for learner’s permits and motorcycle\nlearner’s permits issued under this section.\n\nG. For persons qualifying for a driver’s license through driver education\ncourses approved by the Department of Education or courses offered by driver\ntraining schools licensed by the Department, the application for the\nlearner’s permit shall be used as the application for the driver’s\nlicense.\n\nH. The Department shall charge a fee of $3 for each learner’s permit and\nmotorcycle learner’s permit issued under this section, except no such fee\nshall be charged for homeless youth, as described in subdivision A 7 of §\n22.1-3. Fees for issuance of learner’s permits shall be paid into the\ndriver education fund of the state treasury; fees for issuance of motorcycle\nlearner’s permits, other than permits issued under § 46.2-328.3,\nshall be paid into the state treasury and credited to the Motorcycle Rider\nSafety Training Program Fund created pursuant to § 46.2-1191. It is\nunlawful for any person, after having received a learner’s permit, to\ndrive a motor vehicle without being accompanied by a licensed driver as provided\nin the foregoing provisions of this section; however, a learner’s permit\nother than a motorcycle learner’s permit, accompanied by documentation\nverifying that the driver is at least 16 years and three months old and has\nsuccessfully completed an approved driver’s education course, signed by\nthe minor’s parent, guardian, legal custodian or other person standing in\nloco parentis, shall constitute a temporary driver’s license for the\npurpose of driving unaccompanied by a licensed driver 18 years of age or older,\nif all other requirements of this chapter have been met. Such temporary\ndriver’s license shall only be valid until the driver has received his\npermanent license pursuant to § 46.2-336.\n\nI. Nothing in this section shall be construed to permit the issuance of a\nlearner’s permit entitling a person to drive a commercial motor vehicle,\nexcept as provided by the Virginia Commercial Driver’s License Act (§\n46.2-341.1 et seq.).\n\nJ. The following limitations shall apply to operation of motorcycles by all\npersons holding motorcycle learner’s permits:\n\n 1. The operator shall wear an approved safety helmet as provided in §\n 46.2-910.\n\n 2. Operation shall be under the immediate supervision of a person licensed to\n operate a motorcycle who is 21 years of age or older.\n\n 3. No person other than the operator shall occupy the motorcycle.\n\nK. Any violation of this section is punishable as a Class 2 misdemeanor.\n\nHISTORY: Code 1950, \u00a7\u00a7 46-353, 46-361, 46-363, 46-364; 1950, p. 249; 1952, c.\n396; 1954, c. 123; 1956, c. 665; 1958, c. 541, \u00a7 46.1-357; 1960, cc. 110, 424;\n1962, cc. 254, 482; 1964, c. 617; 1966, c. 36; 1968, c. 642; 1970, c. 41; 1972,\nc. 823; 1973, c. 1; 1974, cc. 223, 542; 1976, c. 8; 1977, cc. 548, 552; 1980, c.\n165; 1982, c. 287; 1984, c. 780; 1987, cc. 154, 632; 1989, cc. 392, 705, 727;\n1993, cc. 471, 501; 1995, cc. 254, 337, 535, 847; 1996, cc. 892, 894, 918, 943,\n994, 1011, 1022, 1035; 1997, c. 841; 1998, c. 322; 1999, cc. 459, 462; 2000, c.\n686; 2001, cc. 659, 665; 2004, cc. 733, 805; 2008, cc. 493, 735; 2010, cc. 541,\n593; 2012, cc. 215, 222; 2016, c. 488; 2020, cc. 1227, 1246; 2020, Sp. Sess. I,\ncc. 45, 51; 2021, Sp. Sess. I, c. 381; 2025, c. 181.","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}}