CHAPTER 110

An Act to amend and reenact § 46.1-857 of the Code of Virginia, relating
to licensing persons under eighteen and allowing cities to prohibit
them from driving so as to allow certain counties to prohibit such
persons from driving.

. [H 103]

Approved February 29, 1960

Be it enacted by the General Assembly of Virginia:

1. That § 46.1-357 of the Code of Virginia be amended and reenacted
as follows:

§ 46.1-357. (a) No operator’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 except that:

(1) An operator’s license may be issued to a minor over the age of
15 years and under the age of eighteen years upon proper application
therefor and upon satisfactory evidence that the minor is mentally, physi-
cally and otherwise qualified to drive a motor vehicle with safety. The
application must be signed by the father and the mother of the applicant,
except that if there be only one surviving parent or one parent has sole
custody of the minor, as indicated by an appropriate statement on the
application, or if in any case the Commissioner determines that for good
cause it is not feasible to secure the signature of both parents, it shall be
sufficient that the application be signed by the surviving parent, or parent
having sole custody of the minor, or the parent whose signature can be
obtained, otherwise by the guardian having custody of such minor or in
the event a minor under the age of eighteen years has no father, mother
or guardian, then an operator's license shall not be issued to the minor
unless his application therefor is signed by the judge of the juvenile and
domestic relations court of the city or county in which the applicant
resides. Any father and mother, surviving parent, parent having custody,
or, in the discretion of the Commissioner, either parent, in case both are
not present within the State, or guardian, as the case may be, may there-
after file with the Division a written request that the license of said minor
so granted be cancelled. Thereupon, the Division shall cancel the license
of said minor and such license shall not thereafter be reissued by the
Division until a period of six months has elapsed from the date of can-
cellation. The minor shall be required to state in his application whether
or not he has been convicted of an offense triable by, or tried in, a Juve-
nile and domestic relations court. If it appears that such minor has been
adjudged not innocent of the offense alleged the Division shall not issue
a license without the written approval of the judge of the juvenile and
domestic relations court making an adjudication as to such minor or the
like approval of a similar court of the county or city in which the parent,
guardian, or employer respectively of the child resides.

(2) The Division upon receiving from any person over the age of
fifteen years an application for a temporary instruction permit may in its
discretion issue such a permit entitling the applicant while having such a
permit in his immediate possession, to drive a motor vehicle upon the
highways for a period of ninety days and to students in a public or
parochial school driver training course which has been approved by the
State Department of Education, for a period of 180 days, when accom-
panied by a licensed operator or chauffeur who is actually occupying a
seat by the driver.

(b) No minor under the age of eighteen years shall drive a motor
vehicle on the streets, roads, highways and alleys of any city, or of any
county having a population greater than one hundred and thirty thousand
in this State if prohibited from so doing by a proper city or county
ordinance.