{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-400.html"}],"law_id":77576,"edition_id":1,"section_id":77576,"structure_id":14811,"section_number":"46.2-400","catch_line":"Suspension of license of person not competent to drive; restoration of license; duty of clerk of the court","history":"Code 1950, \u00a7 46-418; 1950, p. 949; 1954, c. 213; 1958, cc. 154, 541, \u00a7 46.1-427; 1964, c. 230; 1987, c. 413; 1988, c. 78; 1989, c. 727; 1997, c. 921; 2009, cc. 813, 840; 2012, cc. 476, 507; 2017, c. 156.","full_text":"A\n\nThe Commissioner, on receipt of notice from a court, shall suspend the license of any person who has been legally adjudged to be incapacitated in accordance with Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2. No driver’s license shall be issued to any applicant who has previously been adjudged incapacitated and not competent to drive unless, at the time of such application, (i) the applicant has been adjudged restored to capacity by judicial decree or has a court order restoring or retaining the privilege to drive and (ii) the Department is satisfied that the applicant is competent to drive a motor vehicle with safety to persons and property pursuant to § 46.2-322 or 46.2-325. The clerk of the court in which the adjudication is made shall send a certified copy or abstract of such adjudication to the Commissioner.B\n\nThe Commissioner shall not suspend the license or prior privilege to drive of any person legally adjudged to be incapacitated in accordance with Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2, where the court order specifically permits such person to retain his driver’s license or the privilege to drive or to apply for such license. In such case, the clerk of the court in which the adjudication is made shall not send a copy of the order to the Commissioner. However, a court may order any person adjudicated legally incapacitated to submit to an examination pursuant to § 46.2-322 or 46.2-325. In such case, the clerk of the court shall forward a copy of the order requiring an examination to the Department. Upon completion of the examination, the Department shall take whatever action may be appropriate and may (i) suspend the license or privilege to drive a motor vehicle in the Commonwealth, (ii) permit the examinee to retain his license or privilege to drive a motor vehicle in the Commonwealth, or (iii) issue a license subject to the restrictions authorized by § 46.2-329.C\n\nUpon receipt of notice that a person has been discharged from a facility operated or licensed by the Department of Behavioral Health and Developmental Services and is, in the opinion of the authorities of the facility, not competent because of mental illness, intellectual disability, alcoholism, or drug addiction to drive a motor vehicle with safety to persons or property, the Commissioner shall forthwith suspend his license; however he shall not suspend the license if the person has been adjudged competent by judicial order or decree. The Commissioner shall require any person whose license has been suspended pursuant to this subsection to submit to an examination pursuant to § 46.2-322 or 46.2-325.\n\t\t\tIn any case in which the person’s license has been suspended prior to his discharge, it shall not be returned to him unless the Commissioner is satisfied, after an examination pursuant to § 46.2-322 or 46.2-325, that the person is competent to drive a motor vehicle with safety to persons and property.\n\t\t\tThe facility operated or licensed by the Department of Behavioral Health and Developmental Services shall send the necessary information to the Commissioner to initiate the examination process pursuant to § 46.2-322 or 46.2-325.D\n\nNotwithstanding any other provision of law, the Department reserves the right to examine any licensed driver, any person applying for a driver’s license or renewal thereof, or any person whose license has been suspended or revoked to determine his fitness to drive a motor vehicle pursuant to § 46.2-322 or 46.2-325.","order_by":null,"text":{"0":{"id":278302,"text":"The Commissioner, on receipt of notice from a court, shall suspend the license of any person who has been legally adjudged to be incapacitated in accordance with Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2. No driver’s license shall be issued to any applicant who has previously been adjudged incapacitated and not competent to drive unless, at the time of such application, (i) the applicant has been adjudged restored to capacity by judicial decree or has a court order restoring or retaining the privilege to drive and (ii) the Department is satisfied that the applicant is competent to drive a motor vehicle with safety to persons and property pursuant to § 46.2-322 or 46.2-325. The clerk of the court in which the adjudication is made shall send a certified copy or abstract of such adjudication to the Commissioner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278303,"text":"The Commissioner shall not suspend the license or prior privilege to drive of any person legally adjudged to be incapacitated in accordance with Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2, where the court order specifically permits such person to retain his driver’s license or the privilege to drive or to apply for such license. In such case, the clerk of the court in which the adjudication is made shall not send a copy of the order to the Commissioner. However, a court may order any person adjudicated legally incapacitated to submit to an examination pursuant to § 46.2-322 or 46.2-325. In such case, the clerk of the court shall forward a copy of the order requiring an examination to the Department. Upon completion of the examination, the Department shall take whatever action may be appropriate and may (i) suspend the license or privilege to drive a motor vehicle in the Commonwealth, (ii) permit the examinee to retain his license or privilege to drive a motor vehicle in the Commonwealth, or (iii) issue a license subject to the restrictions authorized by § 46.2-329.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278304,"text":"Upon receipt of notice that a person has been discharged from a facility operated or licensed by the Department of Behavioral Health and Developmental Services and is, in the opinion of the authorities of the facility, not competent because of mental illness, intellectual disability, alcoholism, or drug addiction to drive a motor vehicle with safety to persons or property, the Commissioner shall forthwith suspend his license; however he shall not suspend the license if the person has been adjudged competent by judicial order or decree. The Commissioner shall require any person whose license has been suspended pursuant to this subsection to submit to an examination pursuant to § 46.2-322 or 46.2-325.\n\t\t\tIn any case in which the person’s license has been suspended prior to his discharge, it shall not be returned to him unless the Commissioner is satisfied, after an examination pursuant to § 46.2-322 or 46.2-325, that the person is competent to drive a motor vehicle with safety to persons and property.\n\t\t\tThe facility operated or licensed by the Department of Behavioral Health and Developmental Services shall send the necessary information to the Commissioner to initiate the examination process pursuant to § 46.2-322 or 46.2-325.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278305,"text":"Notwithstanding any other provision of law, the Department reserves the right to examine any licensed driver, any person applying for a driver’s license or renewal thereof, or any person whose license has been suspended or revoked to determine his fitness to drive a motor vehicle pursuant to § 46.2-322 or 46.2-325.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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; exceptions","url":"\/46.2-389\/","token":"46.2\/II\/3\/12\/46.2-389","metadata":false},{"id":86987,"structure_id":14811,"section_number":"46.2-390","catch_line":"Required suspension for conviction of theft or unauthorized use of a motor vehicle","url":"\/46.2-390\/","token":"46.2\/II\/3\/12\/46.2-390","metadata":false},{"id":74877,"structure_id":14811,"section_number":"46.2-390.1","catch_line":"Repealed","url":"\/46.2-390.1\/","token":"46.2\/II\/3\/12\/46.2-390.1","metadata":false},{"id":72043,"structure_id":14811,"section_number":"46.2-391","catch_line":"Revocation of license for multiple convictions of driving while intoxicated; exception; petition for restoration of privilege","url":"\/46.2-391\/","token":"46.2\/II\/3\/12\/46.2-391","metadata":false},{"id":83723,"structure_id":14811,"section_number":"46.2-391.01","catch_line":"Administrative enforcement of ignition interlock requirements","url":"\/46.2-391.01\/","token":"46.2\/II\/3\/12\/46.2-391.01","metadata":false},{"id":56648,"structure_id":14811,"section_number":"46.2-391.1","catch_line":"Suspension of registration certificates and plates upon suspension or revocation of driver's license","url":"\/46.2-391.1\/","token":"46.2\/II\/3\/12\/46.2-391.1","metadata":false},{"id":66643,"structure_id":14811,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","url":"\/46.2-391.2\/","token":"46.2\/II\/3\/12\/46.2-391.2","metadata":false},{"id":67850,"structure_id":14811,"section_number":"46.2-391.3","catch_line":"Content of notice of suspension","url":"\/46.2-391.3\/","token":"46.2\/II\/3\/12\/46.2-391.3","metadata":false},{"id":72992,"structure_id":14811,"section_number":"46.2-391.4","catch_line":"When suspension to be rescinded","url":"\/46.2-391.4\/","token":"46.2\/II\/3\/12\/46.2-391.4","metadata":false},{"id":77964,"structure_id":14811,"section_number":"46.2-391.5","catch_line":"Preparation and distribution of forms","url":"\/46.2-391.5\/","token":"46.2\/II\/3\/12\/46.2-391.5","metadata":false},{"id":62771,"structure_id":14811,"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","url":"\/46.2-392\/","token":"46.2\/II\/3\/12\/46.2-392","metadata":false},{"id":72292,"structure_id":14811,"section_number":"46.2-393","catch_line":"(Effective July 1, 2026) Suspension of license on conviction of certain reckless offenses; restricted licenses","url":"\/46.2-393\/","token":"46.2\/II\/3\/12\/46.2-393","metadata":false},{"id":62087,"structure_id":14811,"section_number":"46.2-394","catch_line":"(Effective until July 1, 2026) Revocation of license for fourth conviction of certain offenses","url":"\/46.2-394\/","token":"46.2\/II\/3\/12\/46.2-394","metadata":false},{"id":82297,"structure_id":14811,"section_number":"46.2-395","catch_line":"Repealed","url":"\/46.2-395\/","token":"46.2\/II\/3\/12\/46.2-395","metadata":false},{"id":58653,"structure_id":14811,"section_number":"46.2-396","catch_line":"Suspension of license for reckless driving resulting in death of any person","url":"\/46.2-396\/","token":"46.2\/II\/3\/12\/46.2-396","metadata":false},{"id":74474,"structure_id":14811,"section_number":"46.2-396.1","catch_line":"Conviction of serious driving offense","url":"\/46.2-396.1\/","token":"46.2\/II\/3\/12\/46.2-396.1","metadata":false},{"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},{"id":73682,"structure_id":14811,"section_number":"46.2-398","catch_line":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","url":"\/46.2-398\/","token":"46.2\/II\/3\/12\/46.2-398","metadata":false},{"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},{"id":73022,"structure_id":14811,"section_number":"46.2-399","catch_line":"Revocation of license for improper use or failure to pay certain taxes","url":"\/46.2-399\/","token":"46.2\/II\/3\/12\/46.2-399","metadata":false},{"id":77576,"structure_id":14811,"section_number":"46.2-400","catch_line":"Suspension of license of person not competent to drive; restoration of license; duty of clerk of the court","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; 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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":73022,"structure_id":14811,"section_number":"46.2-399","catch_line":"Revocation of license for improper use or failure to pay certain taxes","url":"\/46.2-399\/","token":"46.2\/II\/3\/12\/46.2-399","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-400\/","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 1954, chapter 213; in 1958, chapters 154 and 541; in 1964, chapter 230; in 1987, chapter 413; in 1988, chapter 78; in 1989, chapter 727; in 1997, chapter 921<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2017, chapter 156<\/a>.<\/p>","references":[{"id":78915,"section_number":"46.2-412","catch_line":"Time suspension or revocation","order_by":null,"url":"\/46.2-412\/"}],"refers_to":[{"id":81924,"section_number":"46.2-322","catch_line":"Examination of licensee believed unable to drive safely; suspension or restriction of license; license application to include questions as to abilities of applicant; false answers; examination of applicant; physician's, advanced practice registered nurse's, or physician assistant's statement","order_by":null,"url":"\/46.2-322\/"},{"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":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"}],"permalink":{"id":225843,"object_type":"law","relational_id":77576,"identifier":"46.2-400","token":"46.2\/II\/3\/12\/46.2-400","url":"\/46.2-400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-400\/","token":"46.2\/II\/3\/12\/46.2-400","dublin_core":{"Title":"Suspension of license of person not competent to drive; restoration of license; duty of clerk of the court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span>, on receipt of notice from a court, shall suspend<\/span> the license of any person who has been legally adjudged to be incapacitated in accordance with Article 1 (§ 64.2-2000<\/a> et seq.) of Chapter 20 of Title 64.2. No driver<\/span>’s license shall be issued to any applicant who has previously been adjudged incapacitated and not competent to drive unless, at the time of such application, (i) the applicant has been adjudged restored to capacity by judicial decree<\/span> or has a court order<\/span> restoring or retaining the privilege<\/span> to drive and (ii) the Department<\/span> is satisfied that the applicant is competent to drive a motor vehicle<\/span> with safety to persons and property pursuant to § 46.2-322<\/a> or 46.2-325<\/a>. The clerk of the court in which the adjudication is made shall send a certified copy or abstract of such adjudication to the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall not suspend<\/span> the license or prior privilege<\/span> to drive of any person legally adjudged to be incapacitated in accordance with Article 1 (§ 64.2-2000<\/a> et seq.) of Chapter 20 of Title 64.2, where the court order<\/span> specifically permits such person to retain his driver<\/span>’s license or the privilege<\/span> to drive or to apply for such license. In such case, the clerk of the court in which the adjudication is made shall not send a copy of the order to the Commissioner<\/span>. However, a court may order any person adjudicated legally incapacitated to submit to an examination pursuant to § 46.2-322<\/a> or 46.2-325<\/a>. In such case, the clerk of the court shall forward a copy of the order requiring an examination to the Department<\/span>. Upon completion of the examination, the Department<\/span> shall take whatever action may be appropriate and may (i) suspend<\/span> the license or privilege<\/span> to drive a motor vehicle<\/span> in the Commonwealth, (ii) permit the examinee to retain his license or privilege<\/span> to drive a motor vehicle<\/span> in the Commonwealth, or (iii) issue<\/span> a license subject to the restrictions authorized by § 46.2-329<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of notice that a person has been discharged from a facility operated or licensed by the Department<\/span> of Behavioral Health and Developmental Services and is, in the opinion<\/span> of the authorities of the facility, not competent because of mental illness, intellectual disability, alcoholism, or drug addiction to drive a motor vehicle<\/span> with safety to persons or property, the Commissioner<\/span> shall forthwith suspend<\/span> his license; however he shall not suspend<\/span> the license if the person has been adjudged competent by judicial order or decree<\/span>. The Commissioner<\/span> shall require any person whose license has been suspended pursuant to this subsection to submit to an examination pursuant to § 46.2-322<\/a> or 46.2-325<\/a>.\n\t\t\tIn any case in which the person’s license has been suspended prior to his discharge, it shall not be returned to him unless the Commissioner<\/span> is satisfied, after an examination pursuant to § 46.2-322<\/a> or 46.2-325<\/a>, that the person is competent to drive a motor vehicle<\/span> with safety to persons and property.\n\t\t\tThe facility operated or licensed by the Department<\/span> of Behavioral Health and Developmental Services shall send the necessary information to the Commissioner<\/span> to initiate the examination process pursuant to § 46.2-322<\/a> or 46.2-325<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of law<\/span>, the Department<\/span> reserves the right to examine any licensed driver<\/span>, any person applying for a driver<\/span>’s license or renewal thereof, or any person whose license has been suspended or revoked to determine his fitness to drive a motor vehicle<\/span> pursuant to § 46.2-322<\/a> or 46.2-325<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUSPENSION OF LICENSE OF PERSON NOT COMPETENT TO DRIVE; RESTORATION OF LICENSE;\nDUTY OF CLERK OF THE COURT (\u00a7 46.2-400)\n\nA. The Commissioner, on receipt of notice from a court, shall suspend the\nlicense of any person who has been legally adjudged to be incapacitated in\naccordance with Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title\n64.2. No driver’s license shall be issued to any applicant who has\npreviously been adjudged incapacitated and not competent to drive unless, at the\ntime of such application, (i) the applicant has been adjudged restored to\ncapacity by judicial decree or has a court order restoring or retaining the\nprivilege to drive and (ii) the Department is satisfied that the applicant is\ncompetent to drive a motor vehicle with safety to persons and property pursuant\nto § 46.2-322 or 46.2-325. The clerk of the court in which the adjudication\nis made shall send a certified copy or abstract of such adjudication to the\nCommissioner.\n\nB. The Commissioner shall not suspend the license or prior privilege to drive of\nany person legally adjudged to be incapacitated in accordance with Article 1\n(§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2, where the court order\nspecifically permits such person to retain his driver’s license or the\nprivilege to drive or to apply for such license. In such case, the clerk of the\ncourt in which the adjudication is made shall not send a copy of the order to\nthe Commissioner. However, a court may order any person adjudicated legally\nincapacitated to submit to an examination pursuant to § 46.2-322 or\n46.2-325. In such case, the clerk of the court shall forward a copy of the order\nrequiring an examination to the Department. Upon completion of the examination,\nthe Department shall take whatever action may be appropriate and may (i) suspend\nthe license or privilege to drive a motor vehicle in the Commonwealth, (ii)\npermit the examinee to retain his license or privilege to drive a motor vehicle\nin the Commonwealth, or (iii) issue a license subject to the restrictions\nauthorized by § 46.2-329.\n\nC. Upon receipt of notice that a person has been discharged from a facility\noperated or licensed by the Department of Behavioral Health and Developmental\nServices and is, in the opinion of the authorities of the facility, not\ncompetent because of mental illness, intellectual disability, alcoholism, or\ndrug addiction to drive a motor vehicle with safety to persons or property, the\nCommissioner shall forthwith suspend his license; however he shall not suspend\nthe license if the person has been adjudged competent by judicial order or\ndecree. The Commissioner shall require any person whose license has been\nsuspended pursuant to this subsection to submit to an examination pursuant to\n§ 46.2-322 or 46.2-325.\n\t\t\tIn any case in which the person’s license has been suspended prior to\nhis discharge, it shall not be returned to him unless the Commissioner is\nsatisfied, after an examination pursuant to § 46.2-322 or 46.2-325, that\nthe person is competent to drive a motor vehicle with safety to persons and\nproperty.\n\t\t\tThe facility operated or licensed by the Department of Behavioral Health and\nDevelopmental Services shall send the necessary information to the Commissioner\nto initiate the examination process pursuant to § 46.2-322 or 46.2-325.\n\nD. Notwithstanding any other provision of law, the Department reserves the right\nto examine any licensed driver, any person applying for a driver’s license\nor renewal thereof, or any person whose license has been suspended or revoked to\ndetermine his fitness to drive a motor vehicle pursuant to § 46.2-322 or\n46.2-325.\n\nHISTORY: Code 1950, \u00a7 46-418; 1950, p. 949; 1954, c. 213; 1958, cc. 154, 541,\n\u00a7 46.1-427; 1964, c. 230; 1987, c. 413; 1988, c. 78; 1989, c. 727; 1997, c.\n921; 2009, cc. 813, 840; 2012, cc. 476, 507; 2017, c. 156.","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}}