YOUNG DRIVERS AND DRIVER'S LICENSES

By: Matthew Snow

Young drivers within the Commonwealth of Virginia are permitted to obtain driving privileges via a progressive schedule.  Initially, a minor obtains a learner’s permit, then a temporary / conditional license, and ultimately a permanent license (at age 20).

Here are a few statutes and facts that every driver and parent should know about juvenile driving privileges:

Licensure of Minors: Pursuant to Virginia Code § 46.2-334 the minor must be at least 16 years and 3 months old (driving permit). The minor must:
Submit an application supporting the facts that he/she is a resident of the commonwealth;
Have successfully completed a driver education course approved by the State Department of Education or offered by a licensed driver training school; and
Be mentally, physically, and otherwise qualified to drive a motor vehicle safely.

A parent must sign the application for a driver’s license (some exceptions apply). If the minor has been convicted (adjudicated delinquent) of an offense or found to be a child in need of supervision by a J&DR court, the DMV shall not issue a license without the written approval of a J&DR judge.

Given the conditional nature of a minor’s license until age 20, the DMV has broad authority to either suspend a minor’s license or place the minor on a probationary status for continuing traffic infractions.

For a permanent license to issue to a minor, he/she must be in compliance with the compulsory school attendance law (unless a diploma or its equivalent or a certificate of completion is presented).

Parent’s veto authority: Pursuant to Virginia Code § 46.2-334, any parent may file a written request with the DMV that the license of the minor be canceled.  The DMV shall cancel the license and not reissue until 6 months have passed from the date of cancellation or the minor reaches his eighteenth birthday, whichever shall occur sooner.

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Disclaimer: This information is intended for general interest only. It is not intended to be nor should it be deemed as legal advice. Please consult with one of our experienced attorneys at Biberaj & Snow for the best advice specific to your needs.