CHAPTER 364

An Act to amend and reenact 8§ 46.1-350, 46.1-351, 46.1-862, 46.1-417 and
46.1-421 of the Code of Virginia, all relating to motor vehicle permits
and licenses.

[S 8]

Approved March 30, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.1-350, 46.1-351, 46.1-362, 46.1-417 and 46.1-421 of the
Code of Virginia be amended and reenacted as follows:

§ 46.1-350. (a) No person resident or nonresident whose operator’s
or chauffeur’s license or instruction permit has been suspended or revoked
by any court or by the Commissioner or by operation of law pursuant to
the provisions of this title or of § *18.1-59 or who has been forbidden as
prescribed by law by the Commissioner, the State Corporation Commis-
sion, the State Highway Commissioner, or the Superintendent of State
Police, to operate a motor vehicle in this State shall thereafter drive any
motor vehicle in this State unless and until the period of such suspension
or revocation shall have terminated.

(b) Any person violating this section shall for the first offense be
confined in jail not less than 10 days nor more than 6 months; and may
in addition be fined not less than $50 nor more than $100; and for the
second or any subsequent offense be confined in jail not less than two
months nor more than 1 year; and may in addition be fined not less than
$100 nor more than $1,000.

§ 46.1-351. (a) No person resident or nonresident whose operator’s or
chauffeur’s license or instruction permit has been suspended or revoked
by any court or by the Commissioner or by operation of law pursuant to
the provisions of this title or of § *18.1-59 or who has been forbidden as
prescribed by law by the Commissioner, the State Corporation Commis-
sion, the State Highway Commissioner, or the Superintendent of State
Police, to operate a motor vehicle in this State shall drive any motor
vehicle in this State during any period wherein the restoration of license
or privilege is contingent upon the furnishing of proof of financial re-
sponsibility, unless he has given proof of financial responsibility in the
manner provided in Article 6 (§ 46.1-467 et seq.) Chapter 6 of this title.

(b) Any person violating this section shall upon conviction thereof
be punished by imprisonment for not less than * 10 days nor more than 6
months or be fined not less than * $50 nor more than $500, or be punished
by both such fine and imprisonment.

§ 46.1-362. (a) The Division shall not issue an operator’s or chauf-
feur’s license or temporary instruction permit to any person, resident or
nonresident, who has been convicted or has forfeited bail within one year
of the application for such license or permit:

(1) Upon the following charges or offenses committed in violation of
any Federal law or law of this State or law of any other state or political
subdivision thereof: (i) Voluntary or involuntary manslaughter result-
ing from the operation of a motor vehicle; (ii) Perjury, the making of a
false affidavit to the Division under any law requiring the registration of
motor vehicles or regulating their operation on the highways or the mak-
ing of a false statement in any application for an operator’s or chauffeur’s
permit; (iii) Any crime punishable as a felony under the motor vehicle
laws or any felony in the commission of which a motor vehicle is used;

(2) Upon the following charges of offenses committed in violation of
any Federal law or law of this State or law of any other state or any valid
town, city or county ordinance of this State or of any other state: (i)
Driving while under the influence of intoxicants or drugs in violation
of §§ *18.1-54 or *18.1-60 or driving after forfeiture of license for a con-
viction under §§ *18.1-54 or *18.1-60 or similar Federal or State laws or
ordinances of any town, city or county of this State or of any other state;
dii) Reckless driving, for the second time, when the offenses upon which
the charges are based were committed within a period of 12 consecutive
months; (iii) Failure of a driver of a motor vehicle, involved in an acci-
dent resulting in death or injury to another person, to stop and disclose
his identity at the scene of the accident.

(3) Upon a charge of operating or permitting the operation, for the
second time, of a passenger automobile for the transportation of passen-
gers for rent or for hire, without having first obtained a license for such
privilege as provided in § 46.1-149.

(b) 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 paragraphs (a) (1) (i); (2) (i), (ii) or (iii) of this section for
a further period of five years after he shall become entitled to a license or
permit under this section, unless and until he shall prove to the Commis-
sioner his ability to respond in damages as provided in Article 6 (§ 46.1-
467 et seq.) of chapter 6 of this title or any other law of this State now
in effect or subsequently enacted requiring proof of financial responsi-

lity.

§ 46.1-417. The Commissioner shall forthwith revoke, and not there-
after reissue during the period of one year, the license of any person, resi-
dent, or nonresident, upon receiving a record of his conviction or a record
of his having been found not innocent in the case of a juvenile of any of
the following crimes, committed in violation of either a State law or of a
valid town, city or county ordinance paralleling and substantially con-
forming to a like State law and to all changes and amendments of it:

(a) Voluntary or involuntary manslaughter resulting from the oper-
ation of a motor vehicle;
_ (b) Violation of the provisions of §§ *18.1-54 or *18.1-60, or viola-
tion of a valid town, city or county ordinance paralleling and substantially
conforming to §§ *18.1-54 to *18.1-61; oo

_ (c) Perjury or the making of a false affidavit to the Division under
this chapter or any other law of the State requiring the registration of
motor vehicles or regulating their operation on highways, or the making
of a false statement to the Division on any application for an operator’s
or chauffeur’s license;

(d) 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;

(e) Two charges of reckless driving, or forfeiture of bail upon two
charges of reckless driving, when the offenses upon which they are based
were committed within a period of twelve consecutive months; or

(f) Failure to stop and disclose his identity at the scene of the acci-
dent, on the part of a driver of a motor vehicle involved in an accident
resulting in the death of or injury to another person.

§ 46.1-421. The Commissioner shall forthwith revoke and not there-
after reissue for three years the operator’s or chauffeur’s license of any
person: (a) upon receiving a record of a second or additional conviction
of such person for a violation of the provisions § *18.1-54 pertaining to
driving while under the influence of drugs or intoxicants or of § *18.1-60
pertaining to driving while the driver’s license has been forfeited for a
conviction under § *18.1-54 if such violation is committed within a period
of ten years from the first violation of either of such sections or (b) upon
receiving a record of a second or additional conviction for a violation of
a federal law, or law of any other state or a valid ordinance of any city,
town or county of this State, or of any other state similar to §§ *18.1-54
or *18.1-60, committed within a period of 10 years from a first violation
of such federal law, law of any other state or town, city or county ordi-
nance of this State or of any other state or of the provisions of §§ *18.1-54
or *18.1-60.

2. This act shall become effective on July 1, 1960.