                                 CODE OF VIRGINIA

LEARNER&#8217;S PERMITS; FEES; CERTIFICATION REQUIRED (§ 46.2-335)

A. The Department, on receiving from any Virginia resident over the age of 15
years and six months an application for a learner&#8217;s permit or motorcycle
learner&#8217;s permit, may, subject to the applicant&#8217;s satisfactory
documentation of meeting the requirements of this chapter and successful
completion of the written or automated knowledge and vision examinations and, in
the case of a motorcycle learner&#8217;s permit applicant, the automated
motorcycle test, issue a permit entitling the applicant, while having the permit
in his immediate possession, to drive a motor vehicle or, if the application is
made for a motorcycle learner&#8217;s permit, a motorcycle, on the highways,
when accompanied by any licensed driver 21 years of age or older or by his
parent or legal guardian, or by a brother, sister, half-brother, half-sister,
step-brother, or step-sister 18 years of age or older. The accompanying person
shall be (i) alert, able to assist the driver, and actually occupying a seat
beside the driver or, for motorcycle instruction, providing immediate
supervision from a separate accompanying motor vehicle and (ii) lawfully
permitted to operate the motor vehicle or accompanying motorcycle at that time.
			The Department shall not, however, issue a learner&#8217;s permit or
motorcycle learner&#8217;s permit to any minor applicant required to provide
evidence of compliance with the compulsory school attendance law set forth in
Article 1 (&#xA7; 22.1-254 et seq.) of Chapter 14 of Title 22.1, unless such
applicant is in good academic standing or, if not in such standing or submitting
evidence thereof, whose parent or guardian, having custody of such minor,
provides written authorization for the minor to obtain a learner&#8217;s permit
or motorcycle learner&#8217;s permit, which written authorization shall be
obtained on forms provided by the Department and indicating the
Commonwealth&#8217;s interest in the good academic standing and regular school
attendance of such minors. Any minor providing proper evidence of the
solemnization of his marriage or a certified copy of a court order of
emancipation shall not be required to provide the certification of good academic
standing or any written authorization from his parent or guardian to obtain a
learner&#8217;s permit or motorcycle learner&#8217;s permit.
			Such permit, except a motorcycle learner&#8217;s permit, shall be valid until
the holder thereof either is issued a driver&#8217;s license as provided for in
this chapter or no longer meets the qualifications for issuance of a
learner&#8217;s permit as provided in this section. Motorcycle learner&#8217;s
permits shall be valid for 12 months. When a motorcycle learner&#8217;s permit
expires, the permittee may, upon submission of an application, payment of the
application fee, and successful completion of the examinations, be issued
another motorcycle learner&#8217;s permit valid for 12 months.
			Any person 25 years of age or older who is eligible to receive an
operator&#8217;s license in Virginia, but who is required, pursuant to &#xA7;
46.2-324.1, to be issued a learner&#8217;s permit for 60 days prior to his first
behind-the-wheel exam, may be issued such learner&#8217;s permit even though
restrictions on his driving privilege have been ordered by a court. Any such
learner&#8217;s permit shall be subject to the restrictions ordered by the
court.

B. No driver&#8217;s license shall be issued to any such person who is less than
18 years old unless, while holding a learner&#8217;s permit, he has driven a
motor vehicle for at least 45 hours, at least 15 of which were after sunset, as
certified by his parent, foster parent, or legal guardian unless the person is
married or otherwise emancipated. Such certification shall be on a form provided
by the Commissioner and shall contain the following statement:
			&#8220;It is illegal for anyone to give false information in connection with
obtaining a driver&#8217;s license. This certification is considered part of the
driver&#8217;s license application, and anyone who certifies to a false
statement may be prosecuted. I certify that the statements made and the
information submitted by me regarding this certification are true and
correct.&#8221;
			Such form shall also include the driver&#8217;s license or Department of
Motor Vehicles-issued identification card number of the person making the
certification.

C. No learner&#8217;s permit shall authorize its holder to operate a motor
vehicle with more than one passenger who is less than 21 years old, except when
participating in a driver education program approved by the Department of
Education or a course offered by a driver training school licensed by the
Department. This passenger limitation, however, shall not apply to the members
of the driver&#8217;s family or household as defined in subsection B of &#xA7;
46.2-334.01.

D. No learner&#8217;s permit shall authorize its holder to operate a motor
vehicle between midnight and four o&#8217;clock a.m.

E. A violation of subsection C or D 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. The provisions of &#xA7;&#xA7; 46.2-323 and 46.2-334 relating to evidence and
certification of Virginia residence and, in the case of persons of school age,
compliance with the compulsory school attendance law shall apply, mutatis
mutandis, to applications for learner&#8217;s permits and motorcycle
learner&#8217;s permits issued under this section.

G. For persons qualifying for a driver&#8217;s license through driver education
courses approved by the Department of Education or courses offered by driver
training schools licensed by the Department, the application for the
learner&#8217;s permit shall be used as the application for the driver&#8217;s
license.

H. The Department shall charge a fee of $3 for each learner&#8217;s permit and
motorcycle learner&#8217;s permit issued under this section, except no such fee
shall be charged for homeless youth, as described in subdivision A 7 of &#xA7;
22.1-3. Fees for issuance of learner&#8217;s permits shall be paid into the
driver education fund of the state treasury; fees for issuance of motorcycle
learner&#8217;s permits, other than permits issued under &#xA7; 46.2-328.3,
shall be paid into the state treasury and credited to the Motorcycle Rider
Safety Training Program Fund created pursuant to &#xA7; 46.2-1191. It is
unlawful for any person, after having received a learner&#8217;s permit, to
drive a motor vehicle without being accompanied by a licensed driver as provided
in the foregoing provisions of this section; however, a learner&#8217;s permit
other than a motorcycle learner&#8217;s permit, accompanied by documentation
verifying that the driver is at least 16 years and three months old and has
successfully completed an approved driver&#8217;s education course, signed by
the minor&#8217;s parent, guardian, legal custodian or other person standing in
loco parentis, shall constitute a temporary driver&#8217;s license for the
purpose of driving unaccompanied by a licensed driver 18 years of age or older,
if all other requirements of this chapter have been met. Such temporary
driver&#8217;s license shall only be valid until the driver has received his
permanent license pursuant to &#xA7; 46.2-336.

I. Nothing in this section shall be construed to permit the issuance of a
learner&#8217;s permit entitling a person to drive a commercial motor vehicle,
except as provided by the Virginia Commercial Driver&#8217;s License Act (&#xA7;
46.2-341.1 et seq.).

J. The following limitations shall apply to operation of motorcycles by all
persons holding motorcycle learner&#8217;s permits:

   1. The operator shall wear an approved safety helmet as provided in &#xA7;
   46.2-910.

   2. Operation shall be under the immediate supervision of a person licensed to
   operate a motorcycle who is 21 years of age or older.

   3. No person other than the operator shall occupy the motorcycle.

K. Any violation of this section is punishable as a Class 2 misdemeanor.

HISTORY: Code 1950, §§ 46-353, 46-361, 46-363, 46-364; 1950, p. 249; 1952, c.
396; 1954, c. 123; 1956, c. 665; 1958, c. 541, § 46.1-357; 1960, cc. 110, 424;
1962, cc. 254, 482; 1964, c. 617; 1966, c. 36; 1968, c. 642; 1970, c. 41; 1972,
c. 823; 1973, c. 1; 1974, cc. 223, 542; 1976, c. 8; 1977, cc. 548, 552; 1980, c.
165; 1982, c. 287; 1984, c. 780; 1987, cc. 154, 632; 1989, cc. 392, 705, 727;
1993, cc. 471, 501; 1995, cc. 254, 337, 535, 847; 1996, cc. 892, 894, 918, 943,
994, 1011, 1022, 1035; 1997, c. 841; 1998, c. 322; 1999, cc. 459, 462; 2000, c.
686; 2001, cc. 659, 665; 2004, cc. 733, 805; 2008, cc. 493, 735; 2010, cc. 541,
593; 2012, cc. 215, 222; 2016, c. 488; 2020, cc. 1227, 1246; 2020, Sp. Sess. I,
cc. 45, 51; 2021, Sp. Sess. I, c. 381; 2025, c. 181.