                                 CODE OF VIRGINIA

UNIFORM DEMERIT POINT SYSTEM (§ 46.2-492)

A. The Commissioner shall assign point values to those convictions, or findings
of not innocent in the case of a juvenile, which are required to be reported to
the Department in accordance with &#xA7; 46.2-383 for traffic offenses committed
in violation of the laws of the Commonwealth or any county, city, or town
ordinance paralleling and substantially conforming to state law, provided that
no conviction, or finding of not innocent in the case of a juvenile for any
offense, relating to registration, insurance, or equipment shall be included
except as otherwise provided by this title.

B. The Commissioner shall assign point values to those convictions received from
any other state of the United States, the United States, Canada or its
provinces, or any territorial subdivision of any of them, of an offense therein,
which if committed in this Commonwealth, would be required to be reported to the
Department by &#xA7; 46.2-383.

C. No point assignment shall be made for any conviction which results from a
vehicle having been parked or stopped, in order for the driver to sleep or rest,
on the shoulder or other portion of a highway not ordinarily used for vehicular
traffic. The court shall make a separate finding on this issue and note such
finding on the conviction record.

D. The Uniform Demerit Point System standard for rating convictions of traffic
offenses shall be based on the severity of the offense and the potential
hazardous exposure to other users of the highways and streets. The Commissioner
shall designate the point values assigned to convictions, or findings of not
innocent in the case of a juvenile, on a graduated scale not to exceed six
demerit points for any single conviction. The Commissioner shall develop point
system assignments as follows:

   1. Serious traffic offenses such as driving while intoxicated in violation of
   &#xA7; 18.2-266, persons under age twenty-one driving after illegally
   consuming alcohol in violation of &#xA7; 18.2-266.1, reckless driving in
   violation of &#xA7; 46.2-852, speeding twenty or more miles per hour above the
   posted speed limit, racing in violation of &#xA7; 46.2-865, and other serious
   traffic offenses as the Commissioner may designate, shall be assigned six
   demerit points.

   2. Relatively serious traffic offenses such as failure to yield the
   right-of-way in violation of &#xA7;&#xA7; 46.2-820 through 46.2-823, speeding
   between ten and nineteen miles per hour above the posted speed limit,
   following too closely in violation of &#xA7; 46.2-816, failure to stop when
   entering a highway in violation of &#xA7; 46.2-863, aggressive driving in
   violation of &#xA7; 46.2-868.1 and other relatively serious traffic offenses
   as the Commissioner may designate, shall be assigned four demerit points.

   3. Traffic offenses of a less serious nature such as improper driving in
   violation of &#xA7; 46.2-869, speeding between one and nine miles per hour
   above the posted speed limit, improper passing in violation of &#xA7;
   46.2-838, failure to obey a highway sign in violation of &#xA7; 46.2-830 and
   other offenses of a less serious nature as the Commissioner may designate,
   shall be assigned three demerit points.

E. When a person is convicted of two or more traffic offenses committed on a
single occasion, he shall be assessed points for one offense only and if the
offenses involved have different point values, he shall be assessed points for
the offense having the greater point value.

HISTORY: 1974, c. 453, § 46.1-514.6; 1976, c. 86; 1989, c. 727; 1992, c. 856;
1998, c. 430; 2002, cc. 752, 782.