CHAPTER 424

An Act to amend and reenact § 46.1-857 of the Code of Virginia, relating
to procedure and conditions for issuing operators’ and chauffeurs’
licenses to certain persons.

(S 121]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

a That § 46.1-357 of the Code of Virginia be amended and reenacted as
ollows:

§ 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, physically 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 thereafter 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 cancellation. 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 juvenile 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) Each operator’s license issued pursuant to the provisions of para-
graph (1) hereof shall contain thereon a suitable legend that such license
must be revalidated by the Division of Motor Vehicles within twelve
months from the date of original issuance and each succeeding twelve-
month period thereafter until the holder thereof attains the age of
eighteen years, unless such license is sooner revoked, suspended or can-
celled in accordance with other provisions of law. The absence of such
evidence of revalidation appearing on such license shall be considered
sufficient to prohibit and make unlawful the operation of any motor
vehicle in this State by the licensee if such operation occurs after twelve
months from the date of issue or last revalidation stamp appearing on such
license. The holder of each such operator’s license issued pursuant to the
provisions of paragraph (1) hereof must apply in person to any point
designated by the Division for the examination of operator’s or chauffeur’s
licenses and must be accompanied by a parent or guardian from whom
the original consent for the issuance of such license was obtained and
such consent shall be reaffirmed by such person at the time of appear-
ance; provided, however, the Division may waive this requirement for
good cause shown. The Division, upon receipt of application for revalida-
tion, shall examine the driving record of each such applicant and may
revalidate the license or take such other action as may be appropriate in
accordance with any other provision of law.

(3) 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 and alleys of any city in this State if prohibited from
so doing by a proper city ordinance.