{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-499.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-499.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-499.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-499.html"}],"law_id":80312,"edition_id":1,"section_id":80312,"structure_id":13891,"section_number":"46.2-499","catch_line":"Driver’s license probation","history":"1974, c. 453, \u00a7 46.1-514.13; 1978, c. 221; 1984, c. 673; 1989, c. 727; 1994, c. 849; 1995, c. 672; 1996, cc. 943, 994; 2001, cc. 645, 779.","full_text":"A\n\nThe Commissioner shall place on probation for a period of six months any person who has been directed to attend a driver improvement clinic pursuant to the provisions of § 46.2-498. In addition, the Commissioner shall place any person on probation for a period of six months on receiving a record of a conviction of such person of any offense for which demerit points are assessed and the offense was committed within any driver control period imposed pursuant to § 46.2-500. Whenever a person who has been placed on probation is convicted, or found not innocent in the case of a juvenile, of any offense for which demerit points are assessed, and the offense was committed during the probation period, the Commissioner shall suspend the person’s license for a period of ninety days when six demerit points are assigned, for a period of sixty days when four demerit points are assigned, and for a period of forty-five days when three demerit points are assigned. In addition, the Commissioner shall again place the person on probation for a period of six months, effective on termination of the suspension imposed pursuant to this section.B\n\nUpon request, the Commissioner shall grant a restricted license during the first period of suspension imposed pursuant to subsection A of this section provided the person is otherwise eligible to be licensed. Any person whose driver’s license is suspended for a second or subsequent time under subsection A of this section shall be eligible to receive a restricted driver’s license only if the violation occurred within a probation period that was immediately preceded by a control period. A restricted license may be issued for any of the purposes set forth in subsection E of § 18.2-271.1. Written verifications of the person’s employment, continuing education or medically necessary travel shall also be required and made available to the Commissioner. Whenever a person who has been granted a restricted license pursuant to this subsection is convicted, or found not innocent in the case of a juvenile, of any offense for which demerit points are assessed, and the offense was committed during the restricted license period, the Commissioner shall suspend the person’s license using the same demerit point criteria and suspension periods set forth in subsection A of this section. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).C\n\nWhenever the Department receives notice from the court that restricted license privileges have been granted to a person who has an existing restricted license issued pursuant to subsection B of this section, the existing restricted license shall be cancelled, and the Commissioner shall suspend the person’s license for the period of time remaining on the original order of suspension. No court-granted restricted license shall be issued until the end of the suspension period imposed by the Commissioner.","order_by":null,"text":{"0":{"id":287477,"text":"The Commissioner shall place on probation for a period of six months any person who has been directed to attend a driver improvement clinic pursuant to the provisions of § 46.2-498. In addition, the Commissioner shall place any person on probation for a period of six months on receiving a record of a conviction of such person of any offense for which demerit points are assessed and the offense was committed within any driver control period imposed pursuant to § 46.2-500. Whenever a person who has been placed on probation is convicted, or found not innocent in the case of a juvenile, of any offense for which demerit points are assessed, and the offense was committed during the probation period, the Commissioner shall suspend the person’s license for a period of ninety days when six demerit points are assigned, for a period of sixty days when four demerit points are assigned, and for a period of forty-five days when three demerit points are assigned. In addition, the Commissioner shall again place the person on probation for a period of six months, effective on termination of the suspension imposed pursuant to this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":287478,"text":"Upon request, the Commissioner shall grant a restricted license during the first period of suspension imposed pursuant to subsection A of this section provided the person is otherwise eligible to be licensed. Any person whose driver’s license is suspended for a second or subsequent time under subsection A of this section shall be eligible to receive a restricted driver’s license only if the violation occurred within a probation period that was immediately preceded by a control period. A restricted license may be issued for any of the purposes set forth in subsection E of § 18.2-271.1. Written verifications of the person’s employment, continuing education or medically necessary travel shall also be required and made available to the Commissioner. Whenever a person who has been granted a restricted license pursuant to this subsection is convicted, or found not innocent in the case of a juvenile, of any offense for which demerit points are assessed, and the offense was committed during the restricted license period, the Commissioner shall suspend the person’s license using the same demerit point criteria and suspension periods set forth in subsection A of this section. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":287479,"text":"Whenever the Department receives notice from the court that restricted license privileges have been granted to a person who has an existing restricted license issued pursuant to subsection B of this section, the existing restricted license shall be cancelled, and the Commissioner shall suspend the person’s license for the period of time remaining on the original order of suspension. No court-granted restricted license shall be issued until the end of the suspension period imposed by the Commissioner.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-499\/","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 7 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 1978, chapter 221; in 1984, chapter 673; in 1989, chapter 727; in 1994, chapter 849<\/a>; in 1995, chapter 672<\/a>; in 1996, chapters 943<\/a> and 994<\/a>; in 2001, chapters 645<\/a> and 779<\/a>.<\/p>","references":[{"id":80433,"section_number":"19.2-392.17","catch_line":"(Effective July 1, 2026) Traffic infractions deemed sealed","order_by":null,"url":"\/19.2-392.17\/"},{"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":68220,"section_number":"46.2-500","catch_line":"Driver control period","order_by":null,"url":"\/46.2-500\/"},{"id":57414,"section_number":"46.2-506","catch_line":"(Effective July 1, 2026) Formal hearings; suspension for excessive point accumulation","order_by":null,"url":"\/46.2-506\/"}],"refers_to":[{"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":62139,"section_number":"46.2-341.1","catch_line":"Title","order_by":null,"url":"\/46.2-341.1\/"},{"id":79899,"section_number":"46.2-498","catch_line":"Driver improvement clinics; voluntary attendance","order_by":null,"url":"\/46.2-498\/"},{"id":68220,"section_number":"46.2-500","catch_line":"Driver control period","order_by":null,"url":"\/46.2-500\/"}],"permalink":{"id":226309,"object_type":"law","relational_id":80312,"identifier":"46.2-499","token":"46.2\/II\/3\/19\/46.2-499","url":"\/46.2-499\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-499\/","token":"46.2\/II\/3\/19\/46.2-499","dublin_core":{"Title":"Driver’s license probation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-499","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall place on probation<\/span> for a period of six months any person who has been directed to attend a driver improvement clinic<\/span> pursuant to the provisions of § 46.2-498<\/a>. In addition, the Commissioner<\/span> shall place any person on probation<\/span> for a period of six months on receiving a record of a conviction<\/span> of such person of any offense<\/span> for which demerit points are assessed and the offense<\/span> was committed within any driver control period imposed pursuant to § 46.2-500<\/a>. Whenever a person who has been placed on probation<\/span> is convicted, or found not innocent in the case of a juvenile, of any offense<\/span> for which demerit points are assessed, and the offense<\/span> was committed during the probation<\/span> period, the Commissioner<\/span> shall suspend<\/span> the person’s license for a period of ninety days when six demerit points are assigned, for a period of sixty days when four demerit points are assigned, and for a period of forty-five days when three demerit points are assigned. In addition, the Commissioner<\/span> shall again place the person on probation<\/span> for a period of six months, effective on termination of the suspension<\/span> imposed pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon request, the Commissioner<\/span> shall grant a restricted license during the first period of suspension<\/span> imposed pursuant to subsection A of this section provided the person is otherwise eligible to be licensed. Any person whose driver’s license is suspended for a second or subsequent time under subsection A of this section shall be eligible to receive a restricted driver’s license only if the violation occurred within a probation<\/span> period that was immediately preceded by a control period. A restricted license may be issued for any of the purposes set forth in subsection E of § 18.2-271.1<\/a>. Written verifications of the person’s employment, continuing education or medically necessary travel shall also be required and made available to the Commissioner<\/span>. Whenever a person who has been granted a restricted license pursuant to this subsection is convicted, or found not innocent in the case of a juvenile, of any offense<\/span> for which demerit points are assessed, and the offense<\/span> was committed during the restricted license period, the Commissioner<\/span> shall suspend<\/span> the person’s license using the same demerit point criteria and suspension<\/span> periods set forth in subsection A of this section. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle<\/span> as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever the Department<\/span> receives notice from the court<\/span> that restricted license privileges<\/span> have been granted to a person who has an existing restricted license issued pursuant to subsection B of this section, the existing restricted license shall be cancelled, and the Commissioner<\/span> shall suspend<\/span> the person’s license for the period of time remaining on the original order<\/span> of suspension<\/span>. No court<\/span>-granted restricted license shall be issued until the end of the suspension<\/span> period imposed by the Commissioner<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDRIVER’S LICENSE PROBATION (\u00a7 46.2-499)\n\nA. The Commissioner shall place on probation for a period of six months any\nperson who has been directed to attend a driver improvement clinic pursuant to\nthe provisions of § 46.2-498. In addition, the Commissioner shall place any\nperson on probation for a period of six months on receiving a record of a\nconviction of such person of any offense for which demerit points are assessed\nand the offense was committed within any driver control period imposed pursuant\nto § 46.2-500. Whenever a person who has been placed on probation is\nconvicted, or found not innocent in the case of a juvenile, of any offense for\nwhich demerit points are assessed, and the offense was committed during the\nprobation period, the Commissioner shall suspend the person’s license for\na period of ninety days when six demerit points are assigned, for a period of\nsixty days when four demerit points are assigned, and for a period of forty-five\ndays when three demerit points are assigned. In addition, the Commissioner shall\nagain place the person on probation for a period of six months, effective on\ntermination of the suspension imposed pursuant to this section.\n\nB. Upon request, the Commissioner shall grant a restricted license during the\nfirst period of suspension imposed pursuant to subsection A of this section\nprovided the person is otherwise eligible to be licensed. Any person whose\ndriver’s license is suspended for a second or subsequent time under\nsubsection A of this section shall be eligible to receive a restricted\ndriver’s license only if the violation occurred within a probation period\nthat was immediately preceded by a control period. A restricted license may be\nissued for any of the purposes set forth in subsection E of § 18.2-271.1.\nWritten verifications of the person’s employment, continuing education or\nmedically necessary travel shall also be required and made available to the\nCommissioner. Whenever a person who has been granted a restricted license\npursuant to this subsection is convicted, or found not innocent in the case of a\njuvenile, of any offense for which demerit points are assessed, and the offense\nwas committed during the restricted license period, the Commissioner shall\nsuspend the person’s license using the same demerit point criteria and\nsuspension periods set forth in subsection A of this section. No restricted\nlicense issued pursuant to this subsection shall permit any person to operate a\ncommercial motor vehicle as defined in the Virginia Commercial Driver’s\nLicense Act (§ 46.2-341.1 et seq.).\n\nC. Whenever the Department receives notice from the court that restricted\nlicense privileges have been granted to a person who has an existing restricted\nlicense issued pursuant to subsection B of this section, the existing restricted\nlicense shall be cancelled, and the Commissioner shall suspend the\nperson’s license for the period of time remaining on the original order of\nsuspension. No court-granted restricted license shall be issued until the end of\nthe suspension period imposed by the Commissioner.\n\nHISTORY: 1974, c. 453, \u00a7 46.1-514.13; 1978, c. 221; 1984, c. 673; 1989, c. 727;\n1994, c. 849; 1995, c. 672; 1996, cc. 943, 994; 2001, cc. 645, 779.","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}}