CHAPTER 36

An Act to amend and reenact § 46.1-357, as amended, of the Code of
Virginia, relating to issuance of driver’s licenses to certain minors.

[H 65]
Approved February 23, 1966

Be it enacted by the General Assembly of Virginia:

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

§ 46.1-357. * No operator’s license shall be issued to any person under
the age of eighteen years except as hereinafter provided and no chauf-
feur’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 of the age of
* sizteen 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 shal] 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. If the minor making such application is married, in lieu of the
consent required in the preceding sentence, upon proper evidence of the
solemnization of the marriage, the spouse of such minor may sign the
application, if the spouse is over the age of eighteen years. Any father

mother, surviving parent, parent having custody, or, in the discre-
tion of the Commissioner, either parent, in case both are not present with-
in the State, spouse 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 Divi-
sion until a period of six months has elapsed from the date of cancella-
tion. 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 ad-
judged 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,

ian, spouse 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 can-
celled in accordance with other provisions of law. The absence of such
evidence of revalidation appearing on such license shall be considered
sullicient to pronioit and make unlawtul tne operation or any Movor venicie
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 provi-
sions of paragraph (1) hereof must apply in person to any point desig-
nated by the Division for the examination of operator’s or chauffeur’s
licenses and must be accompanied by a parent, spouse 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 ap-
pearance; provided, however, the Division may waive this requirement
for good cause shown. The Division, upon receipt of application for re-
validation, 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 eight months, an application for a temporary instruction per-
mit 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 one hundred and eighty
days, when accompanied by a licensed operator or chauffeur who is actually
occupying a seat by the driver.