                                 CODE OF VIRGINIA

LICENSES ISSUED TO PERSONS LESS THAN 18 YEARS OLD SUBJECT TO CERTAIN
RESTRICTIONS (§ 46.2-334.01)

A. Any learner&#8217;s permit or driver&#8217;s license issued to any person
less than 18 years old shall be subject to the following:

   1. Notwithstanding the provisions of &#xA7; 46.2-498, whenever the driving
   record of a person less than 19 years old shows that he has been convicted of
   committing, when he was less than 18 years old, (i) an offense for which
   demerit points have been assessed or are assessable under Article 19 (&#xA7;
   46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (&#xA7;
   46.2-1091 et seq.) or Article 13 (&#xA7; 46.2-1095 et seq.) of Chapter 10, the
   Commissioner shall direct such person to attend a driver improvement clinic.
   No safe driving points shall be awarded for such clinic attendance, nor shall
   any safe driving points be awarded for voluntary or court-assigned clinic
   attendance. Such person&#8217;s parent, guardian, legal custodian, or other
   person standing in loco parentis may attend such clinic and receive a
   reduction in demerit points and/or an award of safe driving points pursuant to
   &#xA7; 46.2-498. The provisions of this subdivision shall not be construed to
   prohibit awarding of safe driving points to a person less than 18 years old
   who attends and successfully completes a driver improvement clinic without
   having been directed to do so by the Commissioner or required to do so by a
   court.

   2. If any person less than 19 years old is convicted a second time of
   committing, when he was less than 18 years old, (i) an offense for which
   demerit points have been assessed or are assessable under Article 19 (&#xA7;
   46.2-489 et seq.) or (ii) a violation of any provision of Article 12 (&#xA7;
   46.2-1091 et seq.) or Article 13 (&#xA7; 46.2-1095 et seq.) of Chapter 10, the
   Commissioner shall suspend such person&#8217;s driver&#8217;s license or
   privilege to operate a motor vehicle for 90 days. Such suspension shall be
   consecutive to, and not concurrent with, any other period of license
   suspension, revocation, or denial. Any person who has had his driver&#8217;s
   license or privilege to operate a motor vehicle suspended in accordance with
   this subdivision may petition the juvenile and domestic relations district
   court of his residence for a restricted license to authorize such person to
   drive a motor vehicle in the Commonwealth to and from his home, his place of
   employment, or an institution of higher education where he is enrolled,
   provided there is no other means of transportation by which such person may
   travel between his home and his place of employment or the institution of
   higher education where he is enrolled. On such petition the court may, in its
   discretion, authorize the issuance of a restricted license for a period not to
   exceed the term of the suspension of the person&#8217;s license or privilege
   to operate a motor vehicle in the Commonwealth. Such restricted license shall
   be valid solely for operation of a motor vehicle between such person&#8217;s
   home and his place of employment or the institution of higher education where
   he is enrolled.

   3. If any person is convicted a third time of committing, when he was less
   than 18 years old, (i) an offense for which demerit points have been assessed
   or are assessable under Article 19 (&#xA7; 46.2-489 et seq.) or (ii) a
   violation of any provision of Article 12 (&#xA7; 46.2-1091 et seq.) or Article
   13 (&#xA7; 46.2-1095 et seq.) of Chapter 10, the Commissioner shall revoke
   such person&#8217;s driver&#8217;s license or privilege to operate a motor
   vehicle for one year or until such person reaches the age of 18 years,
   whichever is longer. Such revocation shall be consecutive to, and not
   concurrent with, any other period of license suspension, revocation, or
   denial.

   4. In no event shall any person subject to the provisions of this section be
   subject to the suspension or revocation provisions of subdivision 2 or 3 for
   multiple convictions arising out of the same transaction or occurrence.

B. The initial license issued to any person younger than 18 years of age shall
be deemed a provisional driver&#8217;s license. Until the holder is 18 years
old, a provisional driver&#8217;s license shall not authorize its holder to
operate a motor vehicle with more than one passenger who is less than 21 years
old. After the first year the provisional license is issued, the holder may
operate a motor vehicle with up to three passengers who are less than 21 years
old (i) when the holder is driving to or from a school-sponsored activity, (ii)
when a licensed driver who is at least 21 years old is occupying the seat beside
the driver, or (iii) in cases of emergency. These passenger limitations,
however, shall not apply to members of the driver&#8217;s family or household.
For the purposes of this subsection, &#8220;a member of the driver&#8217;s
family or household&#8221; means any of the following: (a) the driver&#8217;s
spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters,
first cousins, and any individual who has a child in common with the driver,
whether or not they reside in the same home with the driver; (b) the
driver&#8217;s brothers-in-law and sisters-in-law who reside in the same home
with the driver; and (c) any individual who cohabits with the driver, and any
children of such individual residing in the same home with the driver.

C. The holder of a provisional driver&#8217;s license shall not operate a motor
vehicle on the highways of the Commonwealth between the hours of midnight and
4:00 a.m. except when driving (i) to or from a place of business where he is
employed; (ii) to or from an activity that is supervised by an adult and is
sponsored by a school or by a civic, religious, or public organization; (iii)
accompanied by a parent, a person acting in loco parentis, or by a spouse who is
18 years old or older, provided that such person accompanying the driver is
actually occupying a seat beside the driver and is lawfully permitted to operate
a motor vehicle at the time; or (iv) in cases of emergency, including response
by volunteer firefighters and volunteer emergency medical services personnel to
emergency calls.

D. The provisional driver&#8217;s license restrictions in subsections B and C
shall expire on the holder&#8217;s eighteenth birthday. A violation of the
provisional driver&#8217;s license restrictions in subsection B or C shall
constitute a traffic infraction. For a second or subsequent violation of the
provisional driver&#8217;s license restrictions in subsection B or C, in
addition to any other penalties that may be imposed pursuant to &#xA7;
16.1-278.10, the court may suspend the juvenile&#8217;s privilege to drive for a
period not to exceed six months.

E. A violation of subsection B or C shall not constitute negligence, be
considered in mitigation of damages of whatever nature, be admissible in
evidence, or be the subject of comment by counsel in any action for the recovery
of damages arising out of the operation, ownership, or maintenance of a motor
vehicle, nor shall anything in this subsection change any existing law, rule, or
procedure pertaining to any such civil action.

F. No law-enforcement officer shall stop a motor vehicle for a violation of this
section. No evidence discovered or obtained as the result of a stop in violation
of this subsection, including evidence discovered or obtained with the
operator&#8217;s consent, shall be admissible in any trial, hearing, or other
proceeding.

HISTORY: 1998, cc. 124, 792; 2001, cc. 655, 659, 665; 2002, cc. 61, 807; 2003,
cc. 308, 323, 771; 2007, c. 777; 2009, c. 54; 2013, cc. 397, 579; 2015, cc. 502,
503; 2016, c. 488; 2020, Sp. Sess. I, cc. 45, 51; 2021, Sp. Sess. I, cc. 132,
381.