Chap. 494.—An ACT to amend and reenact Sections 5, 13, and 23 of Chapter 385
of the Acts of Assembly of 1932 as amended, known and designated as the
“Virginia Operators’ and Chauffeurs’ Act”, (S 174]

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections five, thirteen, and twenty-three of chapter three
hundred eighty-five of the Acts of the Assembly of nineteen hundred
thirty-two as amended, be amended and reenacted as follows:

Section 5. What persons shall not be licensed—(a) No opera-
tor’s license shall be issued to any person under the age of eighteen
years, except as hereinafter provided, and no chauffeur’s license shall be
issued to any person under the age of eighteen years.

(b) The Division shall not issue an operator’s or chauffeur’s
license to any person whose license, either as operator or chauffeur, has
been suspended, during the period of such suspension; nor to any person
whose license, either as operator or chauffeur, has been revoked under
the provisions of this act until the expiration of one year after such
license was revoked.

“(c) The Division shall not issue an operator’s or chauffeur’s license
to any person who it has determined is an habitual drunkard or is
addicted to the use of any drug which may impair the ability of a person
to operate a motor vehicle.

(d) No operator’s or chauffeur’s license shall be issued to any
applicant who has previously been adjudged insane or an idiot, imbecile,
epileptic, or feeble-minded, and who has not at the time of such appli-
cation been restored to competency by judicial decree or released from
a hospital for the insane or feeble-minded upon a certificate of the
superintendent that such person is competent, nor then unless the
Division is satisfied that such person is competent to operate a motor
vehicle with safety to persons and property.

(e) The Division shall not issue an operator’s or chauffeur’s license
to any person when in the opinion of the Division such person is afflicted
with or suffering from such physical or mental disability or disease as
will serve to prevent such person from exercising reasonable and ordinary
control over a motor vehicle while operating same upon the highways,
nor shall a license be issued to any person who is unable to understand
highway warning or direction signs.

Provided that the words disability or disease shall not be construed
to mean persons unable to hear or to speak, or both, and who have good
vision and can satisfactorily demonstrate their ability to drive an auto-
mobile or truck, and who have sufficient knowledge of traffic rules and
regulations.

(f) The Division shall not issue an operator’s or chauffeur’s license
or temporary instruction permit to any person who has been convicted
within one year of the application for such license or permit, in a court
of this or any other state, or has forfeited bail, upon a charge of any of
the following crimes; for the violation of a law of this or any other
state, or of a valid town, city or county ordinance of this State, paralleling
and substantially conforming to a like law of this State, and to all
changes and amendments of the law of this or any other state, ordinance
of a town, city or county of this State:

First. Voluntary or involuntary manslaughter resulting from the
operation of a motor vehicle.

Second. Violation of the provisions of chapter eighty-seven of the
Acts of Assembly of nineteen hundred forty, approved February twenty-
six, nineteen hundred forty, as now in force or as hereafter amended;
or in violation of a valid town, city or county ordinance paralleling or
substantially conforming to chapter eighty-seven of said Acts of Assembly
of nineteen hundred forty.

Third. Perjury or the making of a false affidavit to the Division
under this act or any other law of this State requiring the registration
of motor vehicles or regulating their operation on highways. The making
of a false statement on any application for an operator’s or chauffeur’s

it.
Fourth. Any crime punishable as a felony under the motor vehicle
laws of this State or any other felony in the commission of which a
motor vehicle is used.

Fifth. Upon being twice convicted of reckless driving when the
offenses upon which the charges are based were committed within a
period of twelve consecutive months.

Sixth. <A conviction of a driver of a motor vehicle, involved in an
accident resulting in death or injury of another person, upon a charge
of failing to stop and disclose his identity at the scene of the accident.

Seventh. A second conviction of a person operating or permitting
the operation of a passenger automobile for the transportation of pas-
sengers for rent or for hire, without having first obtained a license for
such privilege, as provided in section thirty-five (b) of the Motor
Vehicle Code of Virginia, as amended.

(f)-1. The Division shall not issue for a period of one year an opera-
tor’s or chauffeur’s license or temporary instruction permit when the
records of the Division clearly show to the satisfaction of the Commis-
sioner that such person has made a willful material false statement on
any application for an operator’s or chauffeur’s license.

(g) The Division shall not issue an operator’s or chauffeur’s license
or temporary instruction permit to any person convicted of a crime
mentioned in the first, second, fifth, or sixth paragraphs of subsection
(f£) of this section, for a further period of five years after he shall become
entitled to a license or permit under subsection (f) of this section, unless
and until he shall have proved to the Commissioner his ability to respond
in damages as provided in subsection (c) of section seventeen of this
act, or any other act of this State now in effect or subsequently enacted
requiring proof of financial responsibility.

Section 13. Licenses issued to operators and chauffeurs.—(a) The
Division shall issue to every person licensed as an operator an operator's
license and to every person licensed as a chauffeur a chauffeur’s license.
Any person licensed as a chauffeur under this act shall not be required to
procure an operator’s license, but no person shall drive any motor
vehicle as a chauffeur unless licensed as chauffeur. _

(b) Every such license shall bear thereon the distinguishing num-
ber assigned to the licensee and shall contain the name, age, residence
address and a brief description of the licensee for the purpose of iden-
tification, also a space for the signature of the licensee.

(c). The division may, in its discretion, issue to every person
licensed as a chauffeur a chauffeur’s badge, or may refrain from issuing
to any person such badge. In the event a chauffeur’s badge is issued it
shall be of metal with a plainly readable distinguishing number assigned
to the licensee stamped thereon. .

d) The division, upon determining after an examination that an
applicant is mentally, physically and otherwise qualified to receive a
license, may issue to such person a temporary driver's permit entitling
such person while having such permit in his immediate: possession to
drive a motor vehicle upon the highways for a period of ninety days
before issuance to such person of an operator’s or chauffeur’s license.

(e) The division upon issuing an operator’s or chauffeur’s license
shall have authority, whenever good cause appears, to impose restrictions
suitable to the licensee’s driving ability with respect to the type of, or
special mechanical control devices required on, a motor vehicle which
the licensee may operate, or such other restrictions applicable to the
licensee as the division may determine to be appropriate to assure the
safe operation of a motor vehicle by the licensee.

(f) Any person issued an operator’s or chauffeur’s license on which
there is printed or stamped restrictions as provided by this section and
who operates a motor vehicle in violation of such restrictions shall be
guilty of a misdemeanor and upon conviction shall be punished as
provided in section twenty-nine of this act, and in addition thereto the
division, upon receiving notice of such conviction, shall immediately
suspend the operator’s or chauffeur’s license of such convicted person,
and such suspension shall remain in force and effect until the provisions
of this section have been complied with.

(g) The division having good cause to believe that a licensed
operator or chauffeur is incompetent or otherwise not qualified, under
this act to be licensed, may, upon written notice of at least five days
to the licensee, require him. to submit.to an examination. Upon the
conclusion of such examination, the division shall take such action as may
be appropriate, and may suspend or revoke the license of such person
or permit him to retain such license, or may issue a-license subject to such
restrictions as are authorized to be imposed by this section. Refusal or
neglect of the licensee to submit to such examination or comply with such
restrictions shall be grounds for suspension or revocation of his license.
(Chapter four hundred forty-seven, Acts nineteen hundred forty-two).
Section 23. Violation of license provisions.—It shall be unlawful for
any person to commit any of the following acts:

First. To display or cause or permit to be displayed or to have in
one’s possession any operator’s or chauffeur’s license knowing the same
to be fictitious or to have been cancelled, revoked, suspended or altered ;
or photographed for the purpose of evading the intent of this act.

Second. To lend to, or knowingly permit the use of, by one not en-
titled thereto, any operator’s or chauffeur’s license issued to the person so
lending or permitting the use thereof ;

Third. To display or represent as one’s own any operator’s or
chauffeur’s license not issued to the person so displaying the same ;

Fourth. To fail or refuse to surrender to the division, upon demand,
any operator’s or chauffeur’s license issued in this State or any other
state which has been suspended, cancelled or revoked by proper authority
in this State or any other state as provided by law, or to fail or refuse
to surrender such suspended, cancelled, or revoked license to any court
in which an operator or chauffeur has been tried and convicted for
the violation of any law or ordinance of this State or any city, town or
county thereof, regulating or affecting the operation of a motor vehicle.