                                 CODE OF VIRGINIA

SUSPENSION OF LICENSE OF PERSON NOT COMPETENT TO DRIVE; RESTORATION OF LICENSE;
DUTY OF CLERK OF THE COURT (§ 46.2-400)

A. The Commissioner, on receipt of notice from a court, shall suspend the
license of any person who has been legally adjudged to be incapacitated in
accordance with Article 1 (&#xA7; 64.2-2000 et seq.) of Chapter 20 of Title
64.2. No driver&#8217;s license shall be issued to any applicant who has
previously been adjudged incapacitated and not competent to drive unless, at the
time of such application, (i) the applicant has been adjudged restored to
capacity by judicial decree or has a court order restoring or retaining the
privilege to drive and (ii) the Department is satisfied that the applicant is
competent to drive a motor vehicle with safety to persons and property pursuant
to &#xA7; 46.2-322 or 46.2-325. The clerk of the court in which the adjudication
is made shall send a certified copy or abstract of such adjudication to the
Commissioner.

B. The Commissioner shall not suspend the license or prior privilege to drive of
any person legally adjudged to be incapacitated in accordance with Article 1
(&#xA7; 64.2-2000 et seq.) of Chapter 20 of Title 64.2, where the court order
specifically permits such person to retain his driver&#8217;s license or the
privilege to drive or to apply for such license. In such case, the clerk of the
court in which the adjudication is made shall not send a copy of the order to
the Commissioner. However, a court may order any person adjudicated legally
incapacitated to submit to an examination pursuant to &#xA7; 46.2-322 or
46.2-325. In such case, the clerk of the court shall forward a copy of the order
requiring an examination to the Department. Upon completion of the examination,
the Department shall take whatever action may be appropriate and may (i) suspend
the license or privilege to drive a motor vehicle in the Commonwealth, (ii)
permit the examinee to retain his license or privilege to drive a motor vehicle
in the Commonwealth, or (iii) issue a license subject to the restrictions
authorized by &#xA7; 46.2-329.

C. Upon receipt of notice that a person has been discharged from a facility
operated or licensed by the Department of Behavioral Health and Developmental
Services and is, in the opinion of the authorities of the facility, not
competent because of mental illness, intellectual disability, alcoholism, or
drug addiction to drive a motor vehicle with safety to persons or property, the
Commissioner shall forthwith suspend his license; however he shall not suspend
the license if the person has been adjudged competent by judicial order or
decree. The Commissioner shall require any person whose license has been
suspended pursuant to this subsection to submit to an examination pursuant to
&#xA7; 46.2-322 or 46.2-325.
			In any case in which the person&#8217;s license has been suspended prior to
his discharge, it shall not be returned to him unless the Commissioner is
satisfied, after an examination pursuant to &#xA7; 46.2-322 or 46.2-325, that
the person is competent to drive a motor vehicle with safety to persons and
property.
			The facility operated or licensed by the Department of Behavioral Health and
Developmental Services shall send the necessary information to the Commissioner
to initiate the examination process pursuant to &#xA7; 46.2-322 or 46.2-325.

D. Notwithstanding any other provision of law, the Department reserves the right
to examine any licensed driver, any person applying for a driver&#8217;s license
or renewal thereof, or any person whose license has been suspended or revoked to
determine his fitness to drive a motor vehicle pursuant to &#xA7; 46.2-322 or
46.2-325.

HISTORY: Code 1950, § 46-418; 1950, p. 949; 1954, c. 213; 1958, cc. 154, 541,
§ 46.1-427; 1964, c. 230; 1987, c. 413; 1988, c. 78; 1989, c. 727; 1997, c.
921; 2009, cc. 813, 840; 2012, cc. 476, 507; 2017, c. 156.