{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-398.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-398.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-398.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-398.html"}],"law_id":73682,"edition_id":1,"section_id":73682,"structure_id":14811,"section_number":"46.2-398","catch_line":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","history":"Code 1950, \u00a7 46-195.1; 1952, c. 66; 1958, c. 541, \u00a7 46.1-425; 1973, c. 164; 1977, c. 585; 1982, c. 673; 1984, c. 780; 1989, c. 727; 2005, c. 943; 2011, c. 271; 2025, c. 652.","full_text":"In any case in which the accused is convicted of an offense, on the conviction of which the law requires or permits revocation or suspension of the driver’s license of the person so convicted, the court shall order the surrender of such license, which shall remain in the custody of the court during the period of revocation or suspension if the period does not exceed 30 days.\n\t\tIf the revocation or suspension period exceeds 30 days, and the conviction was obtained in a court not of record, the license shall remain in the custody of that court (i) until the time allowed by law for an appeal to the circuit court has elapsed, when it shall be forwarded to the Commissioner, or (ii) until an appeal to the circuit court is noted, at which time it shall be returned to the accused.\n\t\tIf the revocation or suspension period exceeds 30 days, and the conviction was obtained in the circuit court, the circuit court shall forward the license to the Commissioner forthwith upon the conviction.\n\t\tIn any case in which a court ordered a person to enroll in the Intelligent Speed Assistance Program established pursuant to \u00a7 46.2-507, the court shall forward the license to the Department upon the conviction.\n\t\tFor any revocation or suspension of a privilege to drive in Virginia of a person who does not have a Virginia driver’s license but who does have a valid driver’s license from another jurisdiction, the court shall not order the physical surrender of such license.","order_by":null,"text":{"0":{"id":264993,"text":"In any case in which the accused is convicted of an offense, on the conviction of which the law requires or permits revocation or suspension of the driver’s license of the person so convicted, the court shall order the surrender of such license, which shall remain in the custody of the court during the period of revocation or suspension if the period does not exceed 30 days.\n\t\tIf the revocation or suspension period exceeds 30 days, and the conviction was obtained in a court not of record, the license shall remain in the custody of that court (i) until the time allowed by law for an appeal to the circuit court has elapsed, when it shall be forwarded to the Commissioner, or (ii) until an appeal to the circuit court is noted, at which time it shall be returned to the accused.\n\t\tIf the revocation or suspension period exceeds 30 days, and the conviction was obtained in the circuit court, the circuit court shall forward the license to the Commissioner forthwith upon the conviction.\n\t\tIn any case in which a court ordered a person to enroll in the Intelligent Speed Assistance Program established pursuant to \u00a7 46.2-507, the court shall forward the license to the Department upon the conviction.\n\t\tFor any revocation or suspension of a privilege to drive in Virginia of a person who does not have a Virginia driver’s license but who does have a valid driver’s license from another jurisdiction, the court shall not order the physical surrender of such license.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14811,"edition_id":1,"name":"Suspension and Revocation of Licenses, Generally; Additional Penalties","identifier":"12","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:50:05","date_modified":"2026-06-26 03:50:05","permalink":{"id":225761,"object_type":"structure","relational_id":14811,"identifier":"12","token":"46.2\/II\/3\/12","url":"\/46.2\/II\/3\/12\/","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":59065,"structure_id":14811,"section_number":"46.2-389","catch_line":"Required revocation for one year upon conviction or finding of guilty of certain offenses; 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restoration of license; duty of clerk of the court","url":"\/46.2-400\/","token":"46.2\/II\/3\/12\/46.2-400","metadata":false},{"id":61484,"structure_id":14811,"section_number":"46.2-401","catch_line":"Reports to Commissioner of discharge of individuals from state facilities","url":"\/46.2-401\/","token":"46.2\/II\/3\/12\/46.2-401","metadata":false},{"id":77629,"structure_id":14811,"section_number":"46.2-402","catch_line":"When Commissioner may suspend or revoke license for not more than one year after hearing","url":"\/46.2-402\/","token":"46.2\/II\/3\/12\/46.2-402","metadata":false},{"id":74993,"structure_id":14811,"section_number":"46.2-403","catch_line":"Contents of notice of hearing","url":"\/46.2-403\/","token":"46.2\/II\/3\/12\/46.2-403","metadata":false},{"id":70169,"structure_id":14811,"section_number":"46.2-404","catch_line":"Where and before whom hearing held","url":"\/46.2-404\/","token":"46.2\/II\/3\/12\/46.2-404","metadata":false},{"id":81143,"structure_id":14811,"section_number":"46.2-405","catch_line":"How hearings to be conducted","url":"\/46.2-405\/","token":"46.2\/II\/3\/12\/46.2-405","metadata":false},{"id":66171,"structure_id":14811,"section_number":"46.2-406","catch_line":"Appointment and authority of hearing officers","url":"\/46.2-406\/","token":"46.2\/II\/3\/12\/46.2-406","metadata":false},{"id":57533,"structure_id":14811,"section_number":"46.2-407","catch_line":"Form and contents of decision; copies","url":"\/46.2-407\/","token":"46.2\/II\/3\/12\/46.2-407","metadata":false},{"id":75310,"structure_id":14811,"section_number":"46.2-408","catch_line":"When Commissioner may suspend or revoke license for no more than five years","url":"\/46.2-408\/","token":"46.2\/II\/3\/12\/46.2-408","metadata":false},{"id":77040,"structure_id":14811,"section_number":"46.2-409","catch_line":"Certain abstracts of conviction to be prima facie evidence of conviction","url":"\/46.2-409\/","token":"46.2\/II\/3\/12\/46.2-409","metadata":false},{"id":76313,"structure_id":14811,"section_number":"46.2-410","catch_line":"Appeals from order suspending or revoking license or registration","url":"\/46.2-410\/","token":"46.2\/II\/3\/12\/46.2-410","metadata":false},{"id":73385,"structure_id":14811,"section_number":"46.2-410.1","catch_line":"Judicial review of revocation or suspension by Commissioner","url":"\/46.2-410.1\/","token":"46.2\/II\/3\/12\/46.2-410.1","metadata":false},{"id":70879,"structure_id":14811,"section_number":"46.2-410.2","catch_line":"License suspension or revocation by Commissioner; offenses under the laws of other jurisdictions","url":"\/46.2-410.2\/","token":"46.2\/II\/3\/12\/46.2-410.2","metadata":false},{"id":60308,"structure_id":14811,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","url":"\/46.2-411\/","token":"46.2\/II\/3\/12\/46.2-411","metadata":false},{"id":86068,"structure_id":14811,"section_number":"46.2-411.1","catch_line":"Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated","url":"\/46.2-411.1\/","token":"46.2\/II\/3\/12\/46.2-411.1","metadata":false},{"id":78915,"structure_id":14811,"section_number":"46.2-412","catch_line":"Time suspension or revocation","url":"\/46.2-412\/","token":"46.2\/II\/3\/12\/46.2-412","metadata":false},{"id":64511,"structure_id":14811,"section_number":"46.2-413","catch_line":"Effect of reversal of conviction","url":"\/46.2-413\/","token":"46.2\/II\/3\/12\/46.2-413","metadata":false},{"id":72945,"structure_id":14811,"section_number":"46.2-414","catch_line":"Commencement of periods for suspension or revocation of licenses, registration cards, or license plates","url":"\/46.2-414\/","token":"46.2\/II\/3\/12\/46.2-414","metadata":false},{"id":80334,"structure_id":14811,"section_number":"46.2-415","catch_line":"United States magistrates and judges of district courts authorized to revoke or suspend driver's license under certain conditions","url":"\/46.2-415\/","token":"46.2\/II\/3\/12\/46.2-415","metadata":false},{"id":57478,"structure_id":14811,"section_number":"46.2-416","catch_line":"Notice of suspension or revocation of license","url":"\/46.2-416\/","token":"46.2\/II\/3\/12\/46.2-416","metadata":false},{"id":69507,"structure_id":14811,"section_number":"46.2-416.1","catch_line":"Repealed","url":"\/46.2-416.1\/","token":"46.2\/II\/3\/12\/46.2-416.1","metadata":false}],"previous_section":{"id":79059,"structure_id":14811,"section_number":"46.2-397","catch_line":"Suspension of license for certain violations while transporting explosives, inflammable gas or liquid","url":"\/46.2-397\/","token":"46.2\/II\/3\/12\/46.2-397","metadata":false},"next_section":{"id":57572,"structure_id":14811,"section_number":"46.2-398.1","catch_line":"Issuance of restricted driver's privilege to out-of-state licensees","url":"\/46.2-398.1\/","token":"46.2\/II\/3\/12\/46.2-398.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-398\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 66; in 1958, chapter 541; in 1973, chapter 164; in 1977, chapter 585; in 1982, chapter 673; in 1984, chapter 780; in 1989, chapter 727; in 2005, chapter 943<\/a>; in 2011, chapter 271<\/a>; in 2025, chapter 652<\/a>.<\/p>","references":[{"id":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"id":80937,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","order_by":null,"url":"\/18.2-268.4\/"},{"id":80969,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","order_by":null,"url":"\/18.2-271\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":81751,"section_number":"46.2-320.1","catch_line":"Other grounds for suspension; nonpayment of child support","order_by":null,"url":"\/46.2-320.1\/"},{"id":67575,"section_number":"46.2-341.26:4","catch_line":"Appeal and trial; sanctions for refusal; procedures","order_by":null,"url":"\/46.2-341.26_4\/"},{"id":86987,"section_number":"46.2-390","catch_line":"Required suspension for conviction of theft or unauthorized use of a motor vehicle","order_by":null,"url":"\/46.2-390\/"},{"id":62771,"section_number":"46.2-392","catch_line":"Suspension of license or issuance of a restricted license on conviction of certain offenses; probationary conditions required; generally","order_by":null,"url":"\/46.2-392\/"},{"id":72292,"section_number":"46.2-393","catch_line":"(Effective July 1, 2026) Suspension of license on conviction of certain reckless offenses; restricted licenses","order_by":null,"url":"\/46.2-393\/"},{"id":58653,"section_number":"46.2-396","catch_line":"Suspension of license for reckless driving resulting in death of any person","order_by":null,"url":"\/46.2-396\/"},{"id":74474,"section_number":"46.2-396.1","catch_line":"Conviction of serious driving offense","order_by":null,"url":"\/46.2-396.1\/"},{"id":60308,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","order_by":null,"url":"\/46.2-411\/"},{"id":64726,"section_number":"46.2-818","catch_line":"Stopping vehicle of another; blocking access to premises; damaging or threatening commercial vehicle or operator thereof; penalties","order_by":null,"url":"\/46.2-818\/"},{"id":69860,"section_number":"46.2-865","catch_line":"(Effective July 1, 2026) Racing or exhibition driving; definitions; penalties","order_by":null,"url":"\/46.2-865\/"},{"id":71115,"section_number":"46.2-865.1","catch_line":"Injuring another or causing the death of another while engaging in a race or exhibition driving; penalties.","order_by":null,"url":"\/46.2-865.1\/"},{"id":60161,"section_number":"46.2-901","catch_line":"Suspension of driver's license for failure to report certain accidents","order_by":null,"url":"\/46.2-901\/"}],"refers_to":[{"id":72034,"section_number":"46.2-507","catch_line":"(Effective July 1, 2026) Establishment of Intelligent Speed Assistance Program; penalty","order_by":null,"url":"\/46.2-507\/"}],"permalink":{"id":225831,"object_type":"law","relational_id":73682,"identifier":"46.2-398","token":"46.2\/II\/3\/12\/46.2-398","url":"\/46.2-398\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-398\/","token":"46.2\/II\/3\/12\/46.2-398","dublin_core":{"Title":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-398","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any case in which the accused<\/span> is convicted of an offense<\/span>, on the conviction<\/span> of which the law<\/span> requires or permits revocation<\/span> or suspension<\/span> of the driver<\/span>’s license of the person so convicted, the court<\/span> shall order<\/span> the surrender of such license, which shall remain in the custody<\/span> of the court<\/span> during the period of revocation<\/span> or suspension<\/span> if the period does not exceed 30 days.\n\t\tIf the revocation<\/span> or suspension<\/span> period exceeds 30 days, and the conviction<\/span> was obtained in a court<\/span> not of record, the license shall remain in the custody<\/span> of that court<\/span> (i) until the time allowed by law<\/span> for an appeal<\/span> to the circuit<\/span> court<\/span> has elapsed, when it shall be forwarded to the Commissioner<\/span>, or (ii) until an appeal<\/span> to the circuit<\/span> court<\/span> is noted, at which time it shall be returned to the accused<\/span>.\n\t\tIf the revocation<\/span> or suspension<\/span> period exceeds 30 days, and the conviction<\/span> was obtained in the circuit<\/span> court<\/span>, the circuit<\/span> court<\/span> shall forward the license to the Commissioner<\/span> forthwith upon the conviction<\/span>.\n\t\tIn any case in which a court<\/span> ordered a person to enroll in the Intelligent Speed Assistance Program established pursuant to \u00a7 46.2-507<\/a>, the court<\/span> shall forward the license to the Department<\/span> upon the conviction<\/span>.\n\t\tFor any revocation<\/span> or suspension<\/span> of a privilege<\/span> to drive in Virginia of a person who does not have a Virginia driver<\/span>’s license but who does have a valid driver<\/span>’s license from another jurisdiction<\/span>, the court<\/span> shall not order<\/span> the physical surrender of such license.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) DISPOSITION OF SURRENDERED LICENSES ON REVOCATION OR\nSUSPENSION (\u00a7 46.2-398)\n\nIn any case in which the accused is convicted of an offense, on the conviction\nof which the law requires or permits revocation or suspension of the\ndriver’s license of the person so convicted, the court shall order the\nsurrender of such license, which shall remain in the custody of the court during\nthe period of revocation or suspension if the period does not exceed 30 days.\n\t\tIf the revocation or suspension period exceeds 30 days, and the conviction was\nobtained in a court not of record, the license shall remain in the custody of\nthat court (i) until the time allowed by law for an appeal to the circuit court\nhas elapsed, when it shall be forwarded to the Commissioner, or (ii) until an\nappeal to the circuit court is noted, at which time it shall be returned to the\naccused.\n\t\tIf the revocation or suspension period exceeds 30 days, and the conviction was\nobtained in the circuit court, the circuit court shall forward the license to\nthe Commissioner forthwith upon the conviction.\n\t\tIn any case in which a court ordered a person to enroll in the Intelligent\nSpeed Assistance Program established pursuant to \u00a7 46.2-507, the court shall\nforward the license to the Department upon the conviction.\n\t\tFor any revocation or suspension of a privilege to drive in Virginia of a\nperson who does not have a Virginia driver’s license but who does have a\nvalid driver’s license from another jurisdiction, the court shall not\norder the physical surrender of such license.\n\nHISTORY: Code 1950, \u00a7 46-195.1; 1952, c. 66; 1958, c. 541, \u00a7 46.1-425; 1973,\nc. 164; 1977, c. 585; 1982, c. 673; 1984, c. 780; 1989, c. 727; 2005, c. 943;\n2011, c. 271; 2025, c. 652.","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}}