CHAPTER 482

An Act to amend and reenact §§ 46.1-357, as amended, and 46.1-380, of
the Code of Virginia, relating, respectively, to procedure and con-
ditions for issuing licenses to certain persons, and to expiration and
renewals of licenses and fees therefor; and to amend the Code of
Virginia by adding a section numbered 22-201.1, relating to estab-
lishment of driver education programs in public schools and certain
funds therefor.

[H 421]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:
1. That §§ 46.1-357, as amended, and 46.1-380, of the Code of Vir-
ginia, be amended and reenacted, and that the Code of Virginia be
amended by adding a section numbered 22-201.1, the amended and new
sections being as follows:

§ 22-201.1 (a) The State Board shall establish, for the public school
system, a standardized program of driver education in the safe op-
eration of motor vehicles. Such program shall be designed for and given
to students and shall consist of classroom training and behind the wheel
driver training, provided, however, that no student in any such course
shall be permitted to operate a motor vehicle without a license to do
so as otherwise required by law under § 46.1-857, or except by participa-
tion in driver training courses as provided herein.

(b) The State Board shall assist school districts in the functioning
of such program by preparation, publication and distribution of com-
metent driver education instructional materials to insure a more complete
understanding of the responsibilities and duties of motor vehicle op-
erators.

(c) Every school district complying with the standardized pro-
gram established by the State Board shall receive a sum proportionate
to the total amount available to the State Board from the driver educa-
tion fund provided for by law, but not to exceed twenty-five dollars per
pupil enrolled in such course or an amount equal to the actual cost per
pupil enrolled in such course, whichever amount is the lesser.

(d) It shall be optional with the school boards of the several school
districts to offer students instruction in behind the wheel driver train-
ing for the safe operation of motor vehicles. Each school board shall
determine whether such course shall be an elective or a required course.
Each school board may, in its discretion, charge to each pupil enrolled
in such course a fee not to exceed fifteen dollars.

(e) The actual initial driving instruction shall be conducted with
motor vehicles equipped for driver training and equipped with dual
controls, on private or public property removed from public highways tif
practicable; if rmpracticable, then, at the request of the local school board,
the State Highway Commission shall designate a suitable section of roa
near the school to be used for such instruction. Such section of road
shall be marked with signs (to be supplied by the State Highway Com-
mission) giving notice of its use for driving instruction. Such signs
shall be removed at the close of the instruction period.

No vehicle other than those used for driver training shall be op-
erated between such signs at a speed in excess of twenty-five miles per
hour. Any person found guilty of violating this limit shall, upon con-
viction, be deemed guilty of a misdemeanor and fined not more than
seventy-five dollars.

§ 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
fifteen years and under the age of eighteen years upon proper applica-
tion 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 signa-
ture 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 there-
after 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 ad-
judication 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
paragraph (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
cancelled in accordance with other provisions of law. The absence of
such evidence of revalidation appearing on such license shall be con-
sidered 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 appear-
ing 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 appearance; provided, however, the Division may waive this
requirement for good cause shown. The Division, upon receipt of ap-
plication for revalidation, 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 accompanied
by a licensed operator or chauffeur who is actually occupying a seat by the

river.

(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, unless driving under the provisions of § 22-201.1.

§ 46.1-380. Any operator’s license issued in accordance with the
provisions of this chapter shall be issued to expire three years from the
date of issuance thereof and may thereafter upon proper application, and
in the discretion of the Division, be renewed without examination of the
applicant. All operators’ licenses issued prior to July first, nineteen hundred
forty-six, shall expire on the date shown thereon. Upon renewal thereof,
after July first, nineteen hundred forty-six, such licenses shall be valid
for three years from the birthday month of the applicant nearest to the
month in which application for renewal is made. All original operators’
licenses issued after July first, nineteen hundred forty-six, shall be valid
for three years from the birthday month of the applicant nearest to the
month in which the license is issued. Thereafter, all such licenses shall be
renewed in the birthday month of the licensee and shall be valid for three
years. Any chauffeur’s license so issued, or any chauffeur’s license issued
prior to June nineteenth, nineteen hundred and forty-six, may thereafter
upon proper application and in the discretion of the Division be renewed
without examination of the applicant and every such license shall be
issued to expire one year from the date of issuance thereof. For each
operator’s license issued or renewed as herein provided the fee shall be
* two dollars and for each chauffeur’s license issued or renewed as herein
provided the fee shall be * three dollars. Within ninety days prior to the
date shown on the operator’s license as the date of expiration, commencing
with those operators’ licenses shown as expiring in the fourth month fol-
lowing the month in which this section as hereby amended becomes ef-
fective, the Division shall mail notice to the holder thereof, at the address
shown on the records of the Divisior in its operators’ license file, that sucn
license will expire on a date related therein. Nonreceipt of such notice
shall not serve to extend the period of validity of such operator’s license be-
yond the expiration date shown thereon. Twenty-five * cents of each
operator license fee and fifty cents of each chauffeur license fee
thus received by the Commissioner shall be used to defray the expenses of
the Division incurred by reason of the mailing of such notices and shall
be in addition to the regular appropriation made by the General Assembly,
and one dollar of such fees shall be paid into the Driver Education
Fund of the State treasury, and expended as provided for in § 22-201.1. Un-
expended funds from the Driver Education Fund shall be retained in such
Fund and be available for expenditure in ensuing years as provided herein.