{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-492.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-492.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-492.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-492.html"}],"law_id":59312,"edition_id":1,"section_id":59312,"structure_id":13891,"section_number":"46.2-492","catch_line":"Uniform Demerit Point System","history":"1974, c. 453, \u00a7 46.1-514.6; 1976, c. 86; 1989, c. 727; 1992, c. 856; 1998, c. 430; 2002, cc. 752, 782.","full_text":"A\n\nThe Commissioner shall assign point values to those convictions, or findings of not innocent in the case of a juvenile, which are required to be reported to the Department in accordance with § 46.2-383 for traffic offenses committed in violation of the laws of the Commonwealth or any county, city, or town ordinance paralleling and substantially conforming to state law, provided that no conviction, or finding of not innocent in the case of a juvenile for any offense, relating to registration, insurance, or equipment shall be included except as otherwise provided by this title.B\n\nThe Commissioner shall assign point values to those convictions received from any other state of the United States, the United States, Canada or its provinces, or any territorial subdivision of any of them, of an offense therein, which if committed in this Commonwealth, would be required to be reported to the Department by § 46.2-383.C\n\nNo point assignment shall be made for any conviction which results from a vehicle having been parked or stopped, in order for the driver to sleep or rest, on the shoulder or other portion of a highway not ordinarily used for vehicular traffic. The court shall make a separate finding on this issue and note such finding on the conviction record.D\n\nThe Uniform Demerit Point System standard for rating convictions of traffic offenses shall be based on the severity of the offense and the potential hazardous exposure to other users of the highways and streets. The Commissioner shall designate the point values assigned to convictions, or findings of not innocent in the case of a juvenile, on a graduated scale not to exceed six demerit points for any single conviction. The Commissioner shall develop point system assignments as follows:1\n\nSerious traffic offenses such as driving while intoxicated in violation of § 18.2-266, persons under age twenty-one driving after illegally consuming alcohol in violation of § 18.2-266.1, reckless driving in violation of § 46.2-852, speeding twenty or more miles per hour above the posted speed limit, racing in violation of § 46.2-865, and other serious traffic offenses as the Commissioner may designate, shall be assigned six demerit points.2\n\nRelatively serious traffic offenses such as failure to yield the right-of-way in violation of §§ 46.2-820 through 46.2-823, speeding between ten and nineteen miles per hour above the posted speed limit, following too closely in violation of § 46.2-816, failure to stop when entering a highway in violation of § 46.2-863, aggressive driving in violation of § 46.2-868.1 and other relatively serious traffic offenses as the Commissioner may designate, shall be assigned four demerit points.3\n\nTraffic offenses of a less serious nature such as improper driving in violation of § 46.2-869, speeding between one and nine miles per hour above the posted speed limit, improper passing in violation of § 46.2-838, failure to obey a highway sign in violation of § 46.2-830 and other offenses of a less serious nature as the Commissioner may designate, shall be assigned three demerit points.E\n\nWhen a person is convicted of two or more traffic offenses committed on a single occasion, he shall be assessed points for one offense only and if the offenses involved have different point values, he shall be assessed points for the offense having the greater point value.","order_by":null,"text":{"0":{"id":217393,"text":"The Commissioner shall assign point values to those convictions, or findings of not innocent in the case of a juvenile, which are required to be reported to the Department in accordance with § 46.2-383 for traffic offenses committed in violation of the laws of the Commonwealth or any county, city, or town ordinance paralleling and substantially conforming to state law, provided that no conviction, or finding of not innocent in the case of a juvenile for any offense, relating to registration, insurance, or equipment shall be included except as otherwise provided by this title.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217394,"text":"The Commissioner shall assign point values to those convictions received from any other state of the United States, the United States, Canada or its provinces, or any territorial subdivision of any of them, of an offense therein, which if committed in this Commonwealth, would be required to be reported to the Department by § 46.2-383.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217395,"text":"No point assignment shall be made for any conviction which results from a vehicle having been parked or stopped, in order for the driver to sleep or rest, on the shoulder or other portion of a highway not ordinarily used for vehicular traffic. The court shall make a separate finding on this issue and note such finding on the conviction record.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217396,"text":"The Uniform Demerit Point System standard for rating convictions of traffic offenses shall be based on the severity of the offense and the potential hazardous exposure to other users of the highways and streets. The Commissioner shall designate the point values assigned to convictions, or findings of not innocent in the case of a juvenile, on a graduated scale not to exceed six demerit points for any single conviction. The Commissioner shall develop point system assignments as follows:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":217397,"text":"Serious traffic offenses such as driving while intoxicated in violation of § 18.2-266, persons under age twenty-one driving after illegally consuming alcohol in violation of § 18.2-266.1, reckless driving in violation of § 46.2-852, speeding twenty or more miles per hour above the posted speed limit, racing in violation of § 46.2-865, and other serious traffic offenses as the Commissioner may designate, shall be assigned six demerit points.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":217398,"text":"Relatively serious traffic offenses such as failure to yield the right-of-way in violation of §§ 46.2-820 through 46.2-823, speeding between ten and nineteen miles per hour above the posted speed limit, following too closely in violation of § 46.2-816, failure to stop when entering a highway in violation of § 46.2-863, aggressive driving in violation of § 46.2-868.1 and other relatively serious traffic offenses as the Commissioner may designate, shall be assigned four demerit points.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":217399,"text":"Traffic offenses of a less serious nature such as improper driving in violation of § 46.2-869, speeding between one and nine miles per hour above the posted speed limit, improper passing in violation of § 46.2-838, failure to obey a highway sign in violation of § 46.2-830 and other offenses of a less serious nature as the Commissioner may designate, shall be assigned three demerit points.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":217400,"text":"When a person is convicted of two or more traffic offenses committed on a single occasion, he shall be assessed points for one offense only and if the offenses involved have different point values, he shall be assessed points for the offense having the greater point value.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3"}},"ancestry":[{"id":13891,"edition_id":1,"name":"Driver Improvement Program","identifier":"19","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:46:12","date_modified":"2026-06-26 03:46:12","permalink":{"id":226227,"object_type":"structure","relational_id":13891,"identifier":"19","token":"46.2\/II\/3\/19","url":"\/46.2\/II\/3\/19\/","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":62223,"structure_id":13891,"section_number":"46.2-489","catch_line":"Regulations; appeals","url":"\/46.2-489\/","token":"46.2\/II\/3\/19\/46.2-489","metadata":false},{"id":81559,"structure_id":13891,"section_number":"46.2-490","catch_line":"Establishment of driver improvement clinic program; application fees","url":"\/46.2-490\/","token":"46.2\/II\/3\/19\/46.2-490","metadata":false},{"id":85583,"structure_id":13891,"section_number":"46.2-490.1","catch_line":"Section 46.2-391.1 not applicable","url":"\/46.2-490.1\/","token":"46.2\/II\/3\/19\/46.2-490.1","metadata":false},{"id":86963,"structure_id":13891,"section_number":"46.2-490.10","catch_line":"Changes in form of ownership or name","url":"\/46.2-490.10\/","token":"46.2\/II\/3\/19\/46.2-490.10","metadata":false},{"id":58173,"structure_id":13891,"section_number":"46.2-490.11","catch_line":"Reports, records of licensed computer-based clinic providers","url":"\/46.2-490.11\/","token":"46.2\/II\/3\/19\/46.2-490.11","metadata":false},{"id":59819,"structure_id":13891,"section_number":"46.2-490.2","catch_line":"Repealed","url":"\/46.2-490.2\/","token":"46.2\/II\/3\/19\/46.2-490.2","metadata":false},{"id":68150,"structure_id":13891,"section_number":"46.2-490.3","catch_line":"Definitions","url":"\/46.2-490.3\/","token":"46.2\/II\/3\/19\/46.2-490.3","metadata":false},{"id":87405,"structure_id":13891,"section_number":"46.2-490.4","catch_line":"Action on applications; hearing on denial","url":"\/46.2-490.4\/","token":"46.2\/II\/3\/19\/46.2-490.4","metadata":false},{"id":56759,"structure_id":13891,"section_number":"46.2-490.5","catch_line":"Suspension, revocation, cancellation or refusal to renew clinic license or instructor license; imposition of monetary penalties","url":"\/46.2-490.5\/","token":"46.2\/II\/3\/19\/46.2-490.5","metadata":false},{"id":68957,"structure_id":13891,"section_number":"46.2-490.6","catch_line":"Civil penalties","url":"\/46.2-490.6\/","token":"46.2\/II\/3\/19\/46.2-490.6","metadata":false},{"id":61153,"structure_id":13891,"section_number":"46.2-490.7","catch_line":"Acts of owners, operators, officers, directors, partners, and instructors","url":"\/46.2-490.7\/","token":"46.2\/II\/3\/19\/46.2-490.7","metadata":false},{"id":85829,"structure_id":13891,"section_number":"46.2-490.8","catch_line":"Grounds for denying, suspending, or revoking licenses of clinics and clinic instructors","url":"\/46.2-490.8\/","token":"46.2\/II\/3\/19\/46.2-490.8","metadata":false},{"id":73960,"structure_id":13891,"section_number":"46.2-490.9","catch_line":"Unlawful acts; prosecution; proceedings in equity","url":"\/46.2-490.9\/","token":"46.2\/II\/3\/19\/46.2-490.9","metadata":false},{"id":55578,"structure_id":13891,"section_number":"46.2-491","catch_line":"Persons included within scope of article","url":"\/46.2-491\/","token":"46.2\/II\/3\/19\/46.2-491","metadata":false},{"id":59312,"structure_id":13891,"section_number":"46.2-492","catch_line":"Uniform Demerit Point System","url":"\/46.2-492\/","token":"46.2\/II\/3\/19\/46.2-492","metadata":false},{"id":54929,"structure_id":13891,"section_number":"46.2-493","catch_line":"Demerit points valid for two years","url":"\/46.2-493\/","token":"46.2\/II\/3\/19\/46.2-493","metadata":false},{"id":75250,"structure_id":13891,"section_number":"46.2-494","catch_line":"Safe driving point credit","url":"\/46.2-494\/","token":"46.2\/II\/3\/19\/46.2-494","metadata":false},{"id":66713,"structure_id":13891,"section_number":"46.2-495","catch_line":"Advisory letters","url":"\/46.2-495\/","token":"46.2\/II\/3\/19\/46.2-495","metadata":false},{"id":70692,"structure_id":13891,"section_number":"46.2-496","catch_line":"Repealed","url":"\/46.2-496\/","token":"46.2\/II\/3\/19\/46.2-496","metadata":false},{"id":79899,"structure_id":13891,"section_number":"46.2-498","catch_line":"Driver improvement clinics; voluntary attendance","url":"\/46.2-498\/","token":"46.2\/II\/3\/19\/46.2-498","metadata":false},{"id":80312,"structure_id":13891,"section_number":"46.2-499","catch_line":"Driver's license probation","url":"\/46.2-499\/","token":"46.2\/II\/3\/19\/46.2-499","metadata":false},{"id":68220,"structure_id":13891,"section_number":"46.2-500","catch_line":"Driver control period","url":"\/46.2-500\/","token":"46.2\/II\/3\/19\/46.2-500","metadata":false},{"id":75540,"structure_id":13891,"section_number":"46.2-501","catch_line":"Notice to attend driver improvement clinic","url":"\/46.2-501\/","token":"46.2\/II\/3\/19\/46.2-501","metadata":false},{"id":87387,"structure_id":13891,"section_number":"46.2-502","catch_line":"Clinic fees","url":"\/46.2-502\/","token":"46.2\/II\/3\/19\/46.2-502","metadata":false},{"id":56030,"structure_id":13891,"section_number":"46.2-503","catch_line":"Suspension of privilege to operate a motor vehicle for failure to attend clinics","url":"\/46.2-503\/","token":"46.2\/II\/3\/19\/46.2-503","metadata":false},{"id":65111,"structure_id":13891,"section_number":"46.2-504","catch_line":"Form and contents of order of probation, suspension or revocation; service","url":"\/46.2-504\/","token":"46.2\/II\/3\/19\/46.2-504","metadata":false},{"id":78073,"structure_id":13891,"section_number":"46.2-505","catch_line":"Court may direct defendant to attend driver improvement clinic","url":"\/46.2-505\/","token":"46.2\/II\/3\/19\/46.2-505","metadata":false},{"id":57414,"structure_id":13891,"section_number":"46.2-506","catch_line":"(Effective July 1, 2026) Formal hearings; suspension for excessive point accumulation","url":"\/46.2-506\/","token":"46.2\/II\/3\/19\/46.2-506","metadata":false},{"id":72034,"structure_id":13891,"section_number":"46.2-507","catch_line":"(Effective July 1, 2026) Establishment of Intelligent Speed Assistance Program; penalty","url":"\/46.2-507\/","token":"46.2\/II\/3\/19\/46.2-507","metadata":false}],"previous_section":{"id":55578,"structure_id":13891,"section_number":"46.2-491","catch_line":"Persons included within scope of article","url":"\/46.2-491\/","token":"46.2\/II\/3\/19\/46.2-491","metadata":false},"next_section":{"id":54929,"structure_id":13891,"section_number":"46.2-493","catch_line":"Demerit points valid for two years","url":"\/46.2-493\/","token":"46.2\/II\/3\/19\/46.2-493","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-492\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 453 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1976, chapter 86; in 1989, chapter 727; in 1992, chapter 856; in 1998, chapter 430<\/a>; in 2002, chapters 752<\/a> and 782<\/a>.<\/p>","references":[{"id":80087,"section_number":"33.2-501","catch_line":"Designation of HOV lanes; use of such lanes; penalties","order_by":null,"url":"\/33.2-501\/"},{"id":54759,"section_number":"33.2-503","catch_line":"HOT lanes enforcement","order_by":null,"url":"\/33.2-503\/"},{"id":74474,"section_number":"46.2-396.1","catch_line":"Conviction of serious driving offense","order_by":null,"url":"\/46.2-396.1\/"}],"refers_to":[{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"},{"id":78973,"section_number":"46.2-816","catch_line":"Following too closely","order_by":null,"url":"\/46.2-816\/"},{"id":79813,"section_number":"46.2-820","catch_line":"Right-of-way at uncontrolled intersections, generally","order_by":null,"url":"\/46.2-820\/"},{"id":71912,"section_number":"46.2-823","catch_line":"Unlawful speed forfeits right-of-way","order_by":null,"url":"\/46.2-823\/"},{"id":68998,"section_number":"46.2-830","catch_line":"Uniform traffic control devices on highways; drivers to obey traffic control devices; enforcement of section","order_by":null,"url":"\/46.2-830\/"},{"id":55642,"section_number":"46.2-838","catch_line":"Passing when overtaking a vehicle","order_by":null,"url":"\/46.2-838\/"},{"id":81167,"section_number":"46.2-852","catch_line":"Reckless driving; general rule","order_by":null,"url":"\/46.2-852\/"},{"id":59229,"section_number":"46.2-863","catch_line":"Failure to yield right-of-way","order_by":null,"url":"\/46.2-863\/"},{"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":64733,"section_number":"46.2-868.1","catch_line":"Aggressive driving; penalties","order_by":null,"url":"\/46.2-868.1\/"},{"id":72718,"section_number":"46.2-869","catch_line":"Improper driving; penalty","order_by":null,"url":"\/46.2-869\/"}],"permalink":{"id":226285,"object_type":"law","relational_id":59312,"identifier":"46.2-492","token":"46.2\/II\/3\/19\/46.2-492","url":"\/46.2-492\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-492\/","token":"46.2\/II\/3\/19\/46.2-492","dublin_core":{"Title":"Uniform Demerit Point System","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-492","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall assign point values to those convictions<\/span>, or findings<\/span> of not innocent in the case of a juvenile, which are required to be reported to the Department<\/span> in accordance with § 46.2-383<\/a> for traffic offenses<\/span> committed in violation of the laws<\/span> of the Commonwealth or any county, city, or town ordinance<\/span> paralleling and substantially conforming to state law<\/span>, provided that no conviction<\/span>, or finding<\/span> of not innocent in the case of a juvenile for any offense<\/span>, relating to registration, insurance, or equipment shall be included except as otherwise provided by this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall assign point values to those convictions<\/span> received from any other state of the United States, the United States, Canada or its provinces, or any territorial subdivision of any of them, of an offense<\/span> therein, which if committed in this Commonwealth, would be required to be reported to the Department<\/span> by § 46.2-383<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No point assignment shall be made for any conviction<\/span> which results from a vehicle<\/span> having been parked or stopped, in order<\/span> for the driver<\/span> to sleep or rest, on the shoulder<\/span> or other portion of a highway<\/span> not ordinarily used for vehicular traffic. The court<\/span> shall make a separate finding<\/span> on this issue<\/span> and note such finding<\/span> on the conviction<\/span> record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Uniform Demerit Point System standard for rating convictions<\/span> of traffic offenses<\/span> shall be based on the severity of the offense<\/span> and the potential hazardous exposure to other users of the highways<\/span><\/span> and streets. The Commissioner<\/span> shall designate the point values assigned to convictions<\/span>, or findings<\/span> of not innocent in the case of a juvenile, on a graduated scale not to exceed six demerit points for any single conviction<\/span>. The Commissioner<\/span> shall develop point system assignments as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Serious traffic offenses<\/span> such as driving while intoxicated in violation of § 18.2-266<\/a>, persons under age twenty-one driving after illegally consuming alcohol in violation of § 18.2-266.1<\/a>, reckless driving<\/span> in violation of § 46.2-852<\/a>, speeding twenty or more miles per hour above the posted speed limit, racing in violation of § 46.2-865<\/a>, and other serious traffic offenses<\/span> as the Commissioner<\/span> may designate, shall be assigned six demerit points. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Relatively serious traffic offenses<\/span> such as failure to yield the right-of-way in violation of §§ 46.2-820<\/a> through 46.2-823<\/a>, speeding between ten and nineteen miles per hour above the posted speed limit, following too closely in violation of § 46.2-816<\/a>, failure to stop when entering a highway<\/span> in violation of § 46.2-863<\/a>, aggressive driving in violation of § 46.2-868.1<\/a> and other relatively serious traffic offenses<\/span> as the Commissioner<\/span> may designate, shall be assigned four demerit points. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Traffic offenses<\/span> of a less serious nature such as improper driving in violation of § 46.2-869<\/a>, speeding between one and nine miles per hour above the posted speed limit, improper passing in violation of § 46.2-838<\/a>, failure to obey a highway<\/span> sign in violation of § 46.2-830<\/a> and other offenses<\/span> of a less serious nature as the Commissioner<\/span> may designate, shall be assigned three demerit points. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> When a person is convicted of two or more traffic offenses<\/span> committed on a single occasion, he shall be assessed points for one offense<\/span> only and if the offenses<\/span> involved have different point values, he shall be assessed points for the offense<\/span> having the greater point value. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNIFORM DEMERIT POINT SYSTEM (\u00a7 46.2-492)\n\nA. The Commissioner shall assign point values to those convictions, or findings\nof not innocent in the case of a juvenile, which are required to be reported to\nthe Department in accordance with § 46.2-383 for traffic offenses committed\nin violation of the laws of the Commonwealth or any county, city, or town\nordinance paralleling and substantially conforming to state law, provided that\nno conviction, or finding of not innocent in the case of a juvenile for any\noffense, relating to registration, insurance, or equipment shall be included\nexcept as otherwise provided by this title.\n\nB. The Commissioner shall assign point values to those convictions received from\nany other state of the United States, the United States, Canada or its\nprovinces, or any territorial subdivision of any of them, of an offense therein,\nwhich if committed in this Commonwealth, would be required to be reported to the\nDepartment by § 46.2-383.\n\nC. No point assignment shall be made for any conviction which results from a\nvehicle having been parked or stopped, in order for the driver to sleep or rest,\non the shoulder or other portion of a highway not ordinarily used for vehicular\ntraffic. The court shall make a separate finding on this issue and note such\nfinding on the conviction record.\n\nD. The Uniform Demerit Point System standard for rating convictions of traffic\noffenses shall be based on the severity of the offense and the potential\nhazardous exposure to other users of the highways and streets. The Commissioner\nshall designate the point values assigned to convictions, or findings of not\ninnocent in the case of a juvenile, on a graduated scale not to exceed six\ndemerit points for any single conviction. The Commissioner shall develop point\nsystem assignments as follows:\n\n 1. Serious traffic offenses such as driving while intoxicated in violation of\n § 18.2-266, persons under age twenty-one driving after illegally\n consuming alcohol in violation of § 18.2-266.1, reckless driving in\n violation of § 46.2-852, speeding twenty or more miles per hour above the\n posted speed limit, racing in violation of § 46.2-865, and other serious\n traffic offenses as the Commissioner may designate, shall be assigned six\n demerit points.\n\n 2. Relatively serious traffic offenses such as failure to yield the\n right-of-way in violation of §§ 46.2-820 through 46.2-823, speeding\n between ten and nineteen miles per hour above the posted speed limit,\n following too closely in violation of § 46.2-816, failure to stop when\n entering a highway in violation of § 46.2-863, aggressive driving in\n violation of § 46.2-868.1 and other relatively serious traffic offenses\n as the Commissioner may designate, shall be assigned four demerit points.\n\n 3. Traffic offenses of a less serious nature such as improper driving in\n violation of § 46.2-869, speeding between one and nine miles per hour\n above the posted speed limit, improper passing in violation of §\n 46.2-838, failure to obey a highway sign in violation of § 46.2-830 and\n other offenses of a less serious nature as the Commissioner may designate,\n shall be assigned three demerit points.\n\nE. When a person is convicted of two or more traffic offenses committed on a\nsingle occasion, he shall be assessed points for one offense only and if the\noffenses involved have different point values, he shall be assessed points for\nthe offense having the greater point value.\n\nHISTORY: 1974, c. 453, \u00a7 46.1-514.6; 1976, c. 86; 1989, c. 727; 1992, c. 856;\n1998, c. 430; 2002, cc. 752, 782.","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}}