Chap. 386.—An ACT to amend and re-enact Section 5, as amended, of Ch
385 of the Acts of Assembly of 1932, approved March 29, 1932, and th
designated as the Virginia Operators’ and Chauffeurs’ License Act, relati
persons to whom a license shall not be issued. [H

Approved March 31, 1944

Be it enacted by the General Assembly of Virginia:

1. That section five, as amended, of chapter three hundred eig
five of the Acts of Assembly of nineteen hundred thirty-two, appri
March twenty-nine, nineteen hundred thirty-two, be amended and
enacted, as follows:

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

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license, either as operator or chauffeur, has been revoked under the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

(c) The Division shall not issue an operator’s or chauffeur’s lic
to any person who it has determined is an habitual drunkard or is
dicted to the use of narcotic drugs.

(d) No operator’s or chauffeur’s license shall be ‘issued to any
plicant who has previously been adjudged insane or an idiot, imbe
epileptic, or feeble-minded, and who has not at the time of such app:
tion been restored to competency by judicial decree or released fro
hospital for the insane or feeble-minded upon a certificate of the supe
tendent that such person is competent, nor then unless the Division is
isfied that such person is competent to operate a motor vehicle with sa
to persons and property.

(e) The Division shall not issue an operator's or chauffeur’s lice
to any person when in the opinion of the Division such person is affli
with or suffering from such physical or mental disability or diseas
will serve to prevent such person from exercising reasonable and ordir
control over a motor vehicle while operating same upon the highw.
nor shall a license be issued to any person who is unable to underst
highway warning or direction signs.
Provided that the words physical 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 automobile 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, or ordinance of a town,
city or county of this State:

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

Second. Driving a vehicle while intoxicated or under the influence of
intoxicating liquor or narcotic drug.

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.

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. Conviction or forfeiture of bail upon two charges of reckless
driving all within the preceding twelve 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 (g) of the Motor Vehicle
Code of Virginia, as amended.

(zg) The Division shall not issue an operator’s or chauffeur’s license
or temporary instruction permit to any person convicted of a crime men-
tioned 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 en-
titled 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 requir-
ing proof of financial responsibility.