dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26:10. Evidence.
A. In any trial for a violation of § 46.2-341.24, admission of the blood or breath test results shall not limit the introduction of any other relevant evidence bearing upon any question at issue before the court, and the court shall, regardless of the results of the blood or breath tests, consider other relevant admissible evidence of the condition of the accused. If the test results indicate the presence of any drugs other than alcohol, the test results shall be admissible except in a prosecution under clause (v) of subsection A of § 46.2-341.24, only if other competent evidence has been presented to relate the presence of the drug or drugs to the impairment of the accused's ability to drive or operate any commercial motor vehicle safely.

B. The failure of an accused to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood is not evidence and shall not be subject to any comment by the Commonwealth at the trial of the case, except in rebuttal or pursuant to subsection C; nor shall the fact that a blood or breath test had been offered the accused be evidence or the subject of comment by the Commonwealth, except in rebuttal or pursuant to subsection C.

C. Evidence of a finding against the defendant under § 18.2-268.3 for his unreasonable refusal to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood shall be admissible into evidence, upon the motion of the Commonwealth or the defendant, for the sole purpose of explaining the absence at trial of a chemical test of such sample. When admitted pursuant to this subsection such evidence shall not be considered evidence of the accused's guilt.

D. The court or jury trying the case involving a violation of clause (ii), (iii) or (iv) of subsection A of § 46.2-341.24 shall determine the innocence or guilt of the defendant from all the evidence concerning his condition at the time of the alleged offense.

1992, c. 830; 2001, c. 654; 2005, c. 616.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26:11. Substantial compliance.
The steps set forth in §§ 46.2-341.26:2 through 46.2-341.26:9 relating to taking, handling, identifying, and disposing of blood or breath samples are procedural and not substantive. Substantial compliance shall be sufficient. Failure to comply with any steps or portions thereof shall not of itself be grounds for finding the defendant not guilty, but shall go to the weight of the evidence and shall be considered with all the evidence in the case; however, the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedures or any part thereof, and that as a result his rights were prejudiced.

1992, c. 830; 2003, cc. 933, 936.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26:2. Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver.
A. Any person, whether licensed by Virginia or not, who operates a commercial motor vehicle upon a highway as defined in § 46.2-100 in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug or both alcohol and drug content of his blood, if he is arrested for violation of § 46.2-341.24 or 46.2-341.31 within three hours of the alleged offense.

B. Such person shall be required to have a breath sample taken and shall be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout or a copy shall be given to the suspect. If a breath test is not available, then a blood test shall be required.

C. The person may be required to submit to blood tests to determine the drug content of his blood if he has been arrested pursuant to provision (iii), (iv), or (v) of subsection A of § 46.2-341.24, or if he has taken the breath test required pursuant to subsection B and the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.

D. If the certificate of analysis referred to in § 46.2-341.26:9 indicates the presence of alcohol in the suspect's blood, the suspect shall be taken before a magistrate to determine whether the magistrate should issue an out-of-service order prohibiting the suspect from driving any commercial motor vehicle for a 24-hour period. If the magistrate finds that there is probable cause to believe that the suspect was driving a commercial motor vehicle with any measurable amount of alcohol in his blood, the magistrate shall issue an out-of-service order prohibiting the suspect from driving any commercial motor vehicle for a period of 24 hours. The magistrate shall forward a copy of the out-of-service order to the Department within seven days after issuing the order. The order shall be in addition to any other action or sanction permitted or required by law to be taken against or imposed upon the suspect.

1992, c. 830; 1993, c. 673; 2005, c. 616; 2017, c. 623.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26:4. Appeal and trial; sanctions for refusal; procedures.
A. Venue for the trial of the warrant or summons shall lie in the court of the county or city in which the offense of driving under the influence of intoxicants or other offense listed in subsection A or B of § 46.2-341.26:3 is to be tried.

B. The procedure for appeal and trial of any civil offense of § 46.2-341.26:3 shall be the same as provided by law for misdemeanors. If requested by either party on appeal to the circuit court, trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, and the Commonwealth shall be required to prove its case beyond a reasonable doubt.

C. If the defendant pleads guilty to a violation of § 46.2-341.24, the court may dismiss the warrant or summons.

The court shall dispose of the defendant's license in accordance with the provisions of § 46.2-398; however, the defendant's license shall not be returned during any period of suspension imposed under § 46.2-391.2.

1992, c. 830; 2017, c. 623.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26:5. Qualifications and liability of persons authorized to take blood samples; procedure for taking samples.
For purposes of this article, only a physician, registered nurse, licensed practical nurse, phlebotomist, graduate laboratory technician or a technician or nurse designated by order of a circuit court acting on the recommendation of a licensed physician, using soap and water, polyvinylpyrrolidone iodine, pvp iodine, povidone iodine or benzalkonium chloride to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some other sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall withdraw blood for the purpose of determining its alcohol or drug content. It is a Class 3 misdemeanor to reuse single-use-only needles or syringes. No civil liability shall attach to any person authorized by this section to withdraw blood as a result of the act of withdrawing blood from any person submitting thereto, provided the blood was withdrawn according to recognized medical procedures. However, the person shall not be relieved from liability for negligence in the withdrawing of any blood sample.

No person arrested for a violation of § 46.2-341.24 or § 46.2-341.31 shall be required to execute in favor of any person or corporation a waiver or release of liability in connection with the withdrawal of blood or as a condition precedent to the withdrawal of blood as provided for in this section.

1992, c. 830; 2004, cc. 150, 440.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26:6. Transmission of blood samples.
The blood sample withdrawn pursuant to § 46.2-341.26:5 shall be placed in vials provided or approved by the Department of Forensic Science. The vials shall be sealed by the person taking the sample or at his direction. The person who seals the vials shall complete the prenumbered certificate of blood withdrawal forms and attach one form to each vial. The completed withdrawal certificate for each vial shall show the name of the suspect, the name of the person taking the blood sample, the date and time the blood sample was taken and information identifying the arresting or accompanying officer. The vials shall be placed in a container provided by the Department, and the container shall be sealed to prevent tampering with the vials. A law-enforcement officer shall take possession of the container as soon as the vials are placed in such container and sealed, and shall promptly transport or mail the container to the Department.

1992, c. 830; 2003, cc. 933, 936; 2005, cc. 868, 881.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26:8. Fees.
Payment for withdrawing blood shall not exceed $25, which shall be paid out of the appropriation for criminal charges.

If the person whose blood sample was withdrawn is subsequently convicted for violation of § 46.2-341.24 or § 46.2-341.31, any fees paid by the Commonwealth to the person withdrawing the sample shall be taxed as part of the costs of the criminal case and shall be paid into the general fund of the state treasury.

1992, c. 830; 2003, cc. 933, 936.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26:9. Assurance of breath test validity; use of breath tests as evidence.
To be capable of being considered valid in a prosecution under § 46.2-341.24 or 46.2-341.31, chemical analysis of a person's breath shall be performed by an individual possessing a valid license to conduct such tests, with the type of equipment and in accordance with methods approved by the Department.

Any individual conducting a breath test under the provisions of § 46.2-341.26:2 shall issue a certificate which includes the name of the suspect, the date and time the sample was taken from the suspect, the alcohol content of the sample, and the identity of the person who examined the sample. The certificate will also indicate that the test was conducted in accordance with the Department's specifications.

The certificate of analysis, when attested by the authorized individual conducting the breath test on equipment maintained by the Department, shall be admissible in any court as evidence of the facts therein stated and of the results of such analysis (i) in any criminal proceeding, provided that the requirements of subsection A of § 19.2-187.1 have been satisfied and the accused has not objected to the admission of the certificate pursuant to subsection B of § 19.2-187.1, or (ii) in any civil proceeding. Any such certificate of analysis purporting to be signed by a person authorized by the Department shall be admissible in evidence without proof of seal or signature of the person whose name is signed to it.

A copy of such certificate shall be promptly delivered to the suspect. Any person qualified to conduct a breath test as provided by this section may administer the breath test or analyze the results thereof.

1992, c. 830; 2005, cc. 868, 881; 2009, Sp. Sess. I, cc. 1, 4; 2017, c. 623.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.27. Presumptions from alcohol and drug content of blood.
In any prosecution for a violation of clause (ii), (iii), or (iv) of subsection A of § 46.2-341.24, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the suspect's blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of §§ 46.2-341.26:1 through 46.2-341.26:11 or (ii) performed by the Department of Forensic Science in accordance with the provisions of §§ 46.2-341.26:5, 46.2-341.26:6, and 46.2-341.26:7 on the suspect's whole blood drawn pursuant to a search warrant shall give rise to the following rebuttable presumptions:

A. If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused's blood or 0.08 grams or more per 210 liters of the accused's breath, it shall be presumed that the accused was under the influence of alcoholic intoxicants.

B. If there was at that time less than 0.08 percent by weight by volume of alcohol in the accused's blood or 0.08 grams or more per 210 liters of the accused's breath, such fact shall not give rise to any presumption that the accused was or was not under the influence of alcoholic intoxicants, but such fact may be considered with other competent evidence in determining the guilt or innocence of the accused.

C. If there was at that time an amount of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs to a degree which impairs his ability to drive or operate any commercial motor vehicle safely.

1989, c. 705, § 46.1-372.26; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616; 2017, c. 623.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.29. Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04.
Any person violating the provisions of subsection B of § 46.2-341.24 shall be guilty of a Class 3 misdemeanor.

1989, c. 705, § 46.1-372.28.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.3. Conflicts; supplement to driver licensing statutes.
This article is intended to supplement, not supplant, the laws of the Commonwealth relating to drivers, driver licensing, vehicles and vehicle operations, which laws shall continue to apply to persons required to be licensed pursuant to this article, unless the context clearly indicates otherwise. To the extent that any provisions of this article conflict with such other laws of the Commonwealth, the provisions of this article shall prevail. Where this article is silent, such other laws shall apply.

Notwithstanding the provisions of § 46.2-1300, the governing bodies of counties, cities or towns shall not be authorized to adopt ordinances that are substantially similar to the provisions of this article.

1989, c. 705, § 46.1-372.3.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.30. Disqualification for driving commercial motor vehicle while intoxicated, etc.
A. The judgment of conviction under any provision of § 46.2-341.24 shall of itself operate to disqualify the person so convicted from the privilege to drive or operate any commercial motor vehicle as provided in § 46.2-341.18. Notwithstanding any other provision of law, such disqualification shall not be subject to any suspension, reduction, limitation or other modification by the court or the Commissioner.

B. A judgment of conviction under any provision of subsection A of § 46.2-341.24, in addition to causing the disqualification under subsection A of this section, shall also operate to deprive the person so convicted of his privilege to drive or operate any motor vehicle as provided in § 18.2-271.

1989, c. 705, § 46.1-372.29.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.31. Driving commercial motor vehicle with any alcohol in blood.
No person shall drive a commercial motor vehicle while having any amount of alcohol in his blood, as measured by a test administered pursuant to the provisions of §§ 46.2-341.26:1 through 46.2-341.26:11. Any person found to have so driven a commercial motor vehicle shall be guilty of a traffic infraction.

1989, c. 705, § 46.1-372.29:1; 1990, c. 218; 1992, c. 830.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.32. Authority to enter into agreements.
The Department may procure and enter into agreements or arrangements for the purpose of participating in the Commercial Driver License System or any other similar information system established to implement the requirements of the Commercial Motor Vehicle Safety Act, and may procure and enter into other agreements or arrangements to carry out the provisions of this article.

1989, c. 705, § 46.1-372.30.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.33. Repealed.
Repealed by Acts 2015, c. 709, cl. 2.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.34. Appeals.
Any person denied a commercial driver's license or who has been disqualified from operating a commercial motor vehicle under the provisions of this article is entitled to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). No appeal shall lie in any case in which such denial or disqualification was mandatory except to determine the identity of the person concerned when the question of identity is in dispute.

From the final decision of the circuit court, either party shall have an appeal as of right to the Court of Appeals.

While an appeal is pending from the action of the Department disqualifying the person or denying him a license, or from the court affirming the action of the Department, the person aggrieved shall not drive a commercial motor vehicle.

1989, c. 705, § 46.1-372.32.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.5. Regulations consistent with Commercial Motor Vehicle Safety Act.
The Department is authorized to promulgate regulations and establish procedures to enable it to issue commercial driver's licenses, maintain and exchange driver records, and impose licensing sanctions consistent with the provisions of this article and with the minimum standards of the federal Commercial Motor Vehicle Safety Act and the federal regulations promulgated thereunder.

1989, c. 705, § 46.1-372.5.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.6. Limitation on number of driver's licenses.
No person who drives a commercial motor vehicle shall have more than one driver's license.

1989, c. 705, § 46.1-372.6.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.7. Commercial driver's license required; penalty.
A. No person shall drive a commercial motor vehicle in the Commonwealth unless he has been issued a commercial driver's license or commercial learner's permit and unless such license or permit authorizes the operation of the type and class of vehicle so driven, and unless such license or permit is valid.

B. Every driver of a commercial motor vehicle, while driving such vehicle in the Commonwealth, shall have in his immediate possession the commercial driver's license or commercial learner's permit authorizing the operation of such vehicle and shall make it available to any law-enforcement officer upon request. Failure to comply with this subsection shall be punishable as provided in § 46.2-104.

C. No person shall drive a commercial vehicle in Virginia in violation of any of the restrictions or limitations stated on his commercial driver's license or commercial learner's permit. A violation of the subsection shall constitute a Class 2 misdemeanor.

1989, c. 705, § 46.1-372.7; 1993, c. 70; 2013, cc. 165, 582; 2015, c. 258.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.9:01. Specialized training required.
The Commissioner shall require that the course of instruction and other relevant materials related to driver training for commercial driver's licenses for Class A, Class B, and Class C commercial motor vehicles include training on the recognition, prevention, and reporting of human trafficking. The Commissioner shall identify industry-specific materials for use in the training required by this section.

2019, c. 352.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.9:1. Commissioner to grant variances for commercial drivers transporting hazardous wastes.
The Commissioner may, to the extent allowed by federal law, grant variances from the regulations with respect to the physical qualifications for drivers of commercial motor vehicles transporting hazardous materials if:

1. The driver is regularly employed in a job requiring the operation of a commercial motor vehicle transporting hazardous materials;

2. The driver is at least twenty-one years of age;

3. A physician licensed in Virginia certifies that, in his professional opinion, the driver is capable of safely operating a commercial motor vehicle transporting hazardous materials; and

4. In the opinion of the Commissioner, the driver is able to perform the normal tasks associated with operating a commercial motor vehicle and comply with the applicable regulations authorized by § 10.1-1450.

The Commissioner may promulgate regulations addressing such variances.

1997, c. 260.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-343. Duplicate driver's license, reissued driver's licenses, learner's permit; fees.
If a driver's license or learner's permit issued under the provisions of this chapter is lost, stolen, or destroyed, the person to whom it was issued may obtain a duplicate or substitute thereof on furnishing proof satisfactory to the Department that his license or permit has been lost, stolen, or destroyed, or that there are good reasons why a duplicate should be issued. Every applicant for a duplicate or reissued driver's license shall appear in person before the Department to apply, unless permitted by the Department to apply for duplicate or reissue in another manner. Applicants who are required to apply in person may be required to present proof of identity, legal presence, residency, and social security number or non-work authorized status.

There shall be a fee of $5 for each duplicate license and $2 for each duplicate learner's permit.

There shall be a fee of $5 for reissuance of any driver's license upon the termination of driving restrictions imposed upon the licensee by the Department or a court.

Code 1950, § 46-374; 1958, c. 541, § 46.1-379; 1968, c. 642; 1976, c. 48; 1982, c. 202; 1984, c. 780; 1989, c. 727; 1995, c. 468; 1997, c. 486; 1999, c. 593; 2009, c. 872; 2020, cc. 1227, 1246.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-344. Temporary driver's permit.
The Department, upon determining, after an examination, that an applicant is mentally, physically, and otherwise qualified to receive a license, may issue to him a temporary driver's permit entitling him, while having the permit in his immediate possession, to drive a motor vehicle on the highways. The temporary driver's permit shall be valid until receipt of the driver's license but in no case shall be valid for more than 90 days from the date of issuance.

Code 1950, § 46-372; 1958, c. 541, § 46.1-377; 1984, c. 780; 1989, c. 727; 2009, c. 872.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-345.1. Repealed.
Repealed by Acts 2018, c. 440, cl. 2.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-346. Unlawful acts enumerated.
A. No person shall:

1. Display, cause or permit to be displayed, or have in his possession any driver's license which he knows to be fictitious or to have been cancelled, revoked, suspended, or altered, or photographed for the purpose of evading the intent of this chapter;

2. Lend to, or knowingly permit the use of by one not entitled thereto, any driver's license issued to the person so lending or permitting the use thereof;

3. Display or represent as his own any driver's license not issued to him;

4. Reproduce by photograph or otherwise, any credential issued under this chapter with the intent to commit an illegal act;

5. Fail or refuse to surrender to the Department, on demand, any driver's license issued in the Commonwealth or any other state when the license has been suspended, cancelled, or revoked by proper authority in the Commonwealth, or any other state as provided by law, or to fail or refuse to surrender the suspended, cancelled, or revoked license to any court in which a driver has been tried and convicted for the violation of any law or ordinance of the Commonwealth or any county, city, or town thereof, regulating or affecting the operation of a motor vehicle.

B. Any law-enforcement officer empowered to enforce the provisions of this title may retain any driver's license held in violation of this section and shall submit the license to the appropriate court for evidentiary purposes.

Code 1950, § 46-380; 1958, c. 541, § 46.1-384; 1962, c. 368; 1984, c. 780; 1988, c. 323; 1989, c. 727; 2004, c. 722; 2021, Sp. Sess. I, c. 544.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-347. Fraudulent use of driver's license or Department of Motor Vehicles identification card to obtain alcoholic beverages; penalties.
Any underage person as specified in § 4.1-304 who knowingly uses or attempts to use a forged, deceptive or otherwise nongenuine driver's license issued by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any foreign country or government; United States Armed Forces identification card; United States passport or foreign government visa; Virginia Department of Motor Vehicles special identification card; official identification issued by any other federal, state or foreign government agency; or official student identification card of an institution of higher education to obtain alcoholic beverages shall be guilty of a Class 3 misdemeanor, and upon conviction of a violation of this section, the court shall revoke such convicted person's driver's license or privilege to drive a motor vehicle for a period of not less than 30 days nor more than one year.

1980, c. 519, § 46.1-384.1; 1981, c. 24; 1983, c. 473; 1984, c. 780; 1985, c. 559; 1989, c. 727; 1992, c. 531; 1993, c. 866.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-348. Fraud or false statements in applications for license; penalties.
Any person who uses a false or fictitious name or gives a false or fictitious address in any application for a driver's license or escort vehicle driver certificate, or any renewal or duplicate thereof, or knowingly makes a false statement or conceals a material fact or otherwise commits a fraud during the driver's license examination, including for a commercial driver's license or commercial learner's permit, or in his application is guilty of a Class 2 misdemeanor. However, where the license is used, or the fact concealed, or fraud is done, with the intent to purchase a firearm or use as proof of residency under § 9.1-903, a violation of this section shall be punishable as a Class 4 felony.

Code 1950, § 46-381; 1958, c. 541, § 46.1-385; 1981, c. 593; 1984, c. 780; 1989, c. 727; 1993, cc. 471, 501; 2006, cc. 857, 914; 2013, cc. 165, 312, 477, 582; 2014, cc. 77, 803; 2015, c. 258.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-349. Unlawful to permit violations of chapter.
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so or in violation of any of the provisions of this chapter.

Code 1950, § 46-384; 1958, c. 541, § 46.1-386; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-350. Penalty for violation.
Notwithstanding § 46.2-113, except as otherwise provided any violation of any provision of this chapter not declared to be a felony shall constitute a Class 2 misdemeanor.

Code 1950, § 46-385; 1958, c. 541, § 46.1-387; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-351. Repealed.
Repealed by Acts 1999, cc. 945, 987.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-355.1. Repealed.
Repealed by Acts 2021, Sp. Sess. I, c. 463, cl. 2, effective July 1, 2021.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-364. Definitions.
For the purposes of this chapter, unless a different meaning is clearly required by the context:

"Conviction" means conviction on a plea of guilty or the determination of guilt by a jury or by a court though no sentence has been imposed or, if imposed, has been suspended and includes a forfeiture of bail or collateral deposited to secure appearance in court of the defendant unless the forfeiture has been vacated, in any case of a charge, the conviction of which requires or authorizes the Commissioner to suspend or revoke the license of the defendant;

"Insured" means the person in whose name a motor vehicle liability policy has been issued, as defined in this section, and any other person insured under its terms;

"Judgment" means any judgment for $350 or more arising out of (i) a civil action filed pursuant to § 15.2-1716 or (ii) a motor vehicle accident because of injury to or destruction of property, including loss of its use, or any judgment for damages, including damages for care and loss of services, because of bodily injury to or death of any person arising out of the ownership, use or operation of any motor vehicle, including any judgment for contribution between joint tort-feasors arising out of any motor vehicle accident which occurred within the Commonwealth, except a judgment rendered against the Commonwealth, which has become final by expiration without appeal in the time within which an appeal might be perfected or by final affirmance on appeal rendered by a court of competent jurisdiction of the Commonwealth or any other state or court of the United States or Canada or its provinces;

"Motor vehicle" means every vehicle which is self-propelled or designed for self-propulsion and every vehicle drawn by or designed to be drawn by a motor vehicle and includes every device in, on or by which any person or property is or can be transported or drawn on a highway, except devices moved by human or animal power and devices used exclusively on rails or tracks, and vehicles used in the Commonwealth but not required to be licensed by the Commonwealth;

"Motor vehicle liability policy" means an owner's or a driver's policy of liability insurance certified, as provided in this chapter, by an insurance carrier licensed to do business in the Commonwealth or by an insurance carrier not licensed to do business in the Commonwealth on compliance with the provisions of this chapter, as proof of financial responsibility.

Code 1950, § 46-387; 1958, c. 541, § 46.1-389; 1989, c. 727; 1996, cc. 474, 489; 2002, c. 289; 2010, c. 343.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-365. Plaintiff not prevented from relying upon other legal process.
This article shall not prevent the plaintiff in any action at law from relying upon any other process provided by law.

Code 1950, § 46-389; 1958, c. 541, § 46.1-391; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-366. Partial application to certain motor vehicles.
This chapter, except its provisions as to the requirements of making reports of motor vehicle accidents and as to the filing of proof of financial responsibility by a common carrier for its drivers, shall not apply to any motor vehicle:

1. Operated under a certificate of convenience and necessity issued by the State Corporation Commission, if public liability and property damage insurance for the protection of the public is required to be carried on it, or

2. Owned by the Commonwealth.

Code 1950, § 46-390; 1958, c. 541, § 46.1-392; 1989, cc. 705, 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-367. Persons included within scope of chapter.
Persons who have, by any law of the Commonwealth, been required to file proof of financial responsibility are included within the scope of this chapter. Persons who have been convicted of violations of any law of the Commonwealth or law of any other state or county, city, or town ordinance of either or a federal law pertaining to the driver or driving of motor vehicles or of violations of any provisions of this title are also included.

Code 1950, § 46-391; 1958, c. 541, § 46.1-393; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-368. Certificate of self-insurance exempts from chapter.
A. This chapter, except §§ 46.2-371 through 46.2-373, shall not apply to any person who has registered in his name in the Commonwealth more than twenty motor vehicles, nor to any person operating more than twenty vehicles whether as owner or as lessee, if the person seeking exemption under this section obtains from the Commissioner a certificate of self-insurance as provided in subsection B of this section.

B. The Commissioner may, in his discretion and on the application of such a person, issue a certificate of self-insurance when he is reasonably satisfied (i) that the person has and will continue to have financial ability to respond to a judgment as provided in this chapter, obtained against the person, arising out of the ownership, maintenance, use, or operation of his motor vehicles and (ii) that the certificate provides for protection against the uninsured or underinsured motorist to the extent required by § 38.2-2206. However, protection against the uninsured or underinsured motorist required under this section shall not exceed the financial requirements of § 46.2-472 and shall be secondary coverage to any other valid and collectible insurance providing the same protection which is available to any person otherwise entitled to assert a claim to such protection by virtue of this section.

C. No holder of a certificate of self-insurance shall be liable to pay any judgment arising out of the use or operation of any motor vehicle covered by such certificate by a person who used or operated the vehicle without the permission of the owner of such vehicle; nor shall any holder of a certificate of self-insurance be liable to pay any judgment arising out of the use or operation of any motor vehicle covered by such certificate by a permissive user of such vehicle, where the permissive user has prejudicially failed to cooperate in the defense of the claim which resulted in the judgment. This subsection shall only apply to a holder of a certificate of self-insurance who has provided notice of its intention to rely on the provisions of this subsection as set forth in § 38.2-2226.

D. On due notice and hearing, the Commissioner may, in his discretion and on reasonable grounds, cancel a certificate of self-insurance.

Code 1950, § 46-393; 1958, c. 541, § 46.1-395; 1972, c. 463; 1989, c. 727; 1991, c. 374; 1995, c. 85; 1997, c. 553.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-369. Commissioner to administer and enforce chapter; regulations; summoning witnesses and taking testimony.
The Commissioner shall administer and enforce the provisions of this chapter and he may adopt regulations for its administration. He may issue subpoenas for witnesses to attend, administer oaths, and take testimony in, the hearings provided in this chapter for the purpose of finding whether driver's licenses, license plates, or registrations should be suspended or revoked. If any person fails or refuses to obey the subpoena, or to give testimony, the Commissioner shall notify the circuit or district court of the county or city in which the hearing is or was to have been held. On receipt of the notice, the court shall, by appropriate process, compel his attendance or testimony or both, to the same extent that it could be required in a proceeding in the court.

Code 1950, § 46-394; 1952, c. 670; 1958, c. 541, § 46.1-396; 1984, c. 780; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-370. Revoked driver's licenses, special identification cards, certificates of title, license plates, registration cards to be returned; Commissioner may take possession of them.
A. Any person whose driver's license, special identification card, certificate of title, registration card, or license plates have been suspended, cancelled, or revoked as provided in this title or in Title 18.2 and have not been reinstated, shall immediately return every such license, unless it has been surrendered to the court as required by law, special identification card, certificate of title, registration card, and set of license plates or decals held by him to the Commissioner.

B. The Commissioner may take possession of any driver's license, special identification card, certificate of title, registration card, or set of license plates or decals on their suspension, cancellation, or revocation under the provisions of this title or in Title 18.2 or may direct any law-enforcement officer to take possession of and return them to the office of the Commissioner. Whenever any person fails or refuses to surrender a driver's license, special identification card, certificate of title, registration card, license plates, or decals requiring a representative of the Department designated by the Commissioner to serve the order of suspension, cancellation, or revocation, or whenever the Department directs a sheriff to effect service of a decision, order, or notice pursuant to § 46.2-416, the person sought to be served shall, in addition to any other required statutory fees, pay a fee of ten dollars to partially defray the cost of administration incurred by the Department and the Commissioner. No such revoked, cancelled, or suspended license, special identification card, certificate of title, or registration items shall be reinstated before the ten-dollar fee is paid. All fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

Code 1950, § 46-395; 1958, cc. 322, 541, § 46.1-397; 1976, c. 156; 1981, c. 619; 1984, c. 780; 1987, c. 696; 1989, c. 727; 1992, c. 99.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-371. Driver to give immediate notice of certain accidents.
The driver of any vehicle involved in any accident resulting in injury to or death of any person, or some person acting for him, shall immediately give notice of the accident to a law-enforcement officer. A willful failure to make the report required in this section shall constitute a Class 4 misdemeanor.

Code 1950, § 46-397; 1958, c. 541, § 46.1-399; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-372. Driver to report certain accidents in writing; certification of financial responsibility to Department; supplemental reports; reports by witnesses.
A. Any person involved in an accident (i) resulting in injury to or death of any person or property damage, or (ii) when there is reason to believe a motor vehicle involved in the accident was uninsured at the time of the accident, may make a written report of it to the Commissioner, on a form prescribed by the Department.

B. If any accident report filed pursuant to the provisions of this article is alleged to be false or inaccurate, the Commissioner shall withhold any action under this section or imposition of any penalty and shall investigate and determine the true circumstances of the accident, including a determination of the identity of the parties involved.

C. For the purposes of this article the definitions provided in subsection B of § 38.2-2206 shall apply.

D. The Commissioner shall require the owner of a motor vehicle involved in any accident of which report is made pursuant to this section to provide information relating to certification of insurance or bond if there was in effect at the time of the accident with respect to the motor vehicle involved:

1. A standard provisions automobile liability policy in form approved by the State Corporation Commission and issued by an insurance carrier authorized to do business in the Commonwealth or, if the motor vehicle was not registered in the Commonwealth or was a motor vehicle which was registered elsewhere than in the Commonwealth at the effective date of the policy, or at its most recent renewal, an automobile liability policy acceptable to that Commission as substantially the equivalent of a standard provisions automobile liability policy; in either event, every automobile liability policy is subject to the limits provided in § 46.2-472.

2. Any other form of liability insurance policy issued by an insurance carrier authorized to do business in the Commonwealth or by a bond; provided that every such policy or bond mentioned herein is subject to limits set out in § 46.2-472.

E. The Commissioner shall forward the certification of insurance or bond to the insurance company or surety company, whichever is applicable, for verification as to whether or not the policy or bond certified was applicable to any liability that may arise out of the accident as to the named insured. A copy of the certification of insurance or bond shall be retained by the Commissioner and shall be disclosed pursuant to § 46.2-380.

Code 1950, § 46-398; 1958, c. 541, § 46.1-400; 1966, c. 130; 1972, c. 442; 1974, c. 453; 1975, c. 553; 1978, c. 205; 1979, c. 228; 1982, c. 221; 1986, c. 639; 1989, c. 727.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-373. Report by law-enforcement official investigating accident.
A. Every law-enforcement officer who in the course of duty investigates a motor vehicle accident resulting in injury to or death of any person or total property damage to an apparent extent of $3,000 or more, either at the time of and at the scene of the accident or thereafter and elsewhere, by interviewing participants or witnesses shall, within twenty-four hours after completing the investigation, forward a written report of the accident to the Department. The report shall include the name or names of the insurance carrier or of the insurance agent of the automobile liability policy on each vehicle involved in the accident. A law-enforcement agency may utilize a contracted service provider to forward reports electronically to the Department in compliance with this section and to manage or disseminate copies of such reports to persons identified in, and in a manner consistent with, § 46.2-380, provided such contracted service provider complies with the requirements applicable to an agency in Chapter 38 (§ 2.2-3800 et seq.) of Title 2.2.

B. Any report filed pursuant to subsection A of this section shall include information as to (i) the speed of each vehicle involved in the accident and (ii) the type of vehicles involved in all accidents between passenger vehicles and vehicles or combinations of vehicles used to transport property, and (iii) whether any trucks involved in such accidents were covered or uncovered.

C. The Department shall supply copies of accident reports received under this section to the Commissioner of Highways who shall exercise the authority granted to him under §§ 46.2-870 through 46.2-878 to reduce speed limits where accident frequency or severity or other factors may indicate the course of action to be warranted.

Code 1950, § 46-399; 1958, c. 541, § 46.1-401; 1975, c. 553; 1986, c. 639; 1988, cc. 662, 897; 1989, c. 727; 1992, cc. 149, 413; 2009, c. 1; 2024, cc. 79, 80; 2025, c. 255.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-373.1. Report of law-enforcement officer involved in accident.
Notwithstanding the provisions of § 46.2-208, any law-enforcement officer, as defined in § 9.1-101, who is named as a driver in a motor vehicle accident on a report submitted to the Department pursuant to § 46.2-373 shall not have the accident displayed on his driving record if he was driving a motor vehicle provided by a law-enforcement agency in the course of his employment and was operating the motor vehicle in the performance of his official duties at the time of such accident. The driving record of such law-enforcement officer involved in an accident in the course of his employment shall not contain any information of an accident submitted pursuant to § 46.2-373.

2017, cc. 800, 821.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-374. Department to prepare and supply forms for reports.
The Department shall prepare and, on request, supply to police departments, medical examiners or other officials exercising like functions, sheriffs, and other suitable agencies forms for accident reports and other reports required to be made to the Department, appropriate with respect to the persons required to make the reports and the purpose to be served. The forms for accident reports shall include suitable spaces for the name or names of the insurance carrier of the automobile liability policy of each vehicle involved in the accidents as required to be reported by § 46.2-373.

Code 1950, § 46-401; 1958, c. 541, § 46.1-403; 1975, c. 553; 1986, c. 639; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-375. Reports by medical examiners of deaths resulting from accidents.
Every person holding the office of medical examiner shall report to the Commissioner: (i) the death of a person in his jurisdiction as a result of a motor vehicle accident, immediately after learning of the death; (ii) on or before the tenth day of each month, all deaths resulting from motor vehicle accidents during the preceding calendar month. These reports shall be made in the form prescribed by the Commissioner.

Code 1950, §§ 46-402, 46-404; 1958, c. 541, § 46.1-404; 1985, c. 10; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-376. Report required of person in charge of garage or repair shop.
The person in charge of any garage or repair shop to which is brought any motor vehicle (i) that shows evidence of having been involved in a serious motor vehicle accident or (ii) with evidence of bloodstains shall report to the nearest police station or to the State Police, within twenty-four hours after the motor vehicle is received, giving the engine number, registration number and the name and address of the owner or operator of the vehicle if known. Reports required by this section shall be made upon forms furnished by the Superintendent of State Police.

Code 1950, §§ 46-405, 46-406; 1958, c. 541, § 46.1-406; 1989, c. 727.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-377. Reports made by garages to be without prejudice and confidential; exceptions.
All accident reports made by garages pursuant to this article shall be without prejudice to the individual so reporting and shall be for the confidential use of the State Police, local law-enforcement agencies, or by agencies having use for the records for accident prevention purposes.

Code 1950, § 46-407; 1958, c. 541, § 46.1-407; 1986, c. 639; 1989, c. 727.