                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) DISPOSITION OF SURRENDERED LICENSES ON REVOCATION OR
SUSPENSION (§ 46.2-398)

In any case in which the accused is convicted of an offense, on the conviction
of which the law requires or permits revocation or suspension of the
driver&#8217;s license of the person so convicted, the court shall order the
surrender of such license, which shall remain in the custody of the court during
the period of revocation or suspension if the period does not exceed 30 days.
		If the revocation or suspension period exceeds 30 days, and the conviction was
obtained in a court not of record, the license shall remain in the custody of
that court (i) until the time allowed by law for an appeal to the circuit court
has elapsed, when it shall be forwarded to the Commissioner, or (ii) until an
appeal to the circuit court is noted, at which time it shall be returned to the
accused.
		If the revocation or suspension period exceeds 30 days, and the conviction was
obtained in the circuit court, the circuit court shall forward the license to
the Commissioner forthwith upon the conviction.
		In any case in which a court ordered a person to enroll in the Intelligent
Speed Assistance Program established pursuant to § 46.2-507, the court shall
forward the license to the Department upon the conviction.
		For any revocation or suspension of a privilege to drive in Virginia of a
person who does not have a Virginia driver&#8217;s license but who does have a
valid driver&#8217;s license from another jurisdiction, the court shall not
order the physical surrender of such license.

HISTORY: Code 1950, § 46-195.1; 1952, c. 66; 1958, c. 541, § 46.1-425; 1973,
c. 164; 1977, c. 585; 1982, c. 673; 1984, c. 780; 1989, c. 727; 2005, c. 943;
2011, c. 271; 2025, c. 652.