An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1968 |
---|---|
Law Number | 166 |
Subjects |
Law Body
CHAPTER 166
An Act to adopt the Driver License Compact.
; [fH 167]
Be it enacted by the General Assembly of Virginia:
1. §1. The Driver License Compact is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in the
form substantially as follows:
THE DRIVER LICENSE COMPACT
ARTICLE I
Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially affected
by the degree of compliance with state and local ordinances relating to
the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator
engages in conduct which is likely to endanger the safety of persons
and property.
(8) The continuance in force of a license to drive is predicated
upon compliance with laws and ordinances relating to the operation of
motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, and adminis-
trative rules and regulations relating to the operation of motor vehicles
by their operators in each of the jurisdictions where such operators
drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and eligi-
bility therefor more just and equitable by considering the overall com-
pliance with motor vehicle laws, ordinances and administrative rules
and regulations as a condition precedent to the continuance or issuance
of any license by reason of which the licensee is authorized or permitted
to operate a motor vehicle in any of the party states.
ARTICLE II
Definitions
As used in this Compact:
(a) “State” means a state, territory or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
(b) “Home state” means the state which has issued and has the
power to suspend or revoke the use of the license or permit to operate
a motor vehicle.
(c) “Conviction” means a conviction of any offense related to the
use or operation of a motor vehicle which is prohibited by state law,
municipal ordinance or administrative rule or regulation, or a forfeiture
of bail, bond, or other security deposited to secure appearance by a
person charged with having committed any such offense, and which
conviction or forfeiture is required to be reported to the licensing
authority.
ARTICLE III
Reports of Conviction
The licensing authority of a party state shall report each conviction
of a person from another party state occurring within its jurisdiction to
the licensing authority of the home state of the licensee. Such report
shall clearly identify the person convicted; describe the violation speci-
fying the section of the statute, code or ordinance violated; identify the
court in which action was taken; indicate whether a plea of guilty or
not guilty was entered, or the conviction was a result of the forfeiture
of bail, bond or other security; and shall include any special findings
made in connection therewith. :
ARTICLE IV
Effect of Conviction
(a) The licensing authority in the home state, for the purposes of
suspension, revocation or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
Article III of this Compact, as it would if such conduct had occurred in
the home state, in the case of convictions for:
(1) Manslaughter or negligent homicide resulting from the opera-
tion of a motor vehicle;
(2) Driving a motor vehicle while under the influence of intoxicat-
ing liquor or a narcotic drug, or under the influence of any other drug
to a degree which renders the driver incapable of safely driving a
motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used;
(4) Failure to stop and render aid in the event of a motor vehicle
accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article III, the
licensing authority in the home state shall give such effect to the conduct
as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or viola-
tions denominated or described in precisely the words employed in sub-
division (a) of this article, such party state shall construe the denomi-
nations and descriptions appearing in subdivision (a) hereof as being
applicable to and identifying those offenses or violations of a substan-
tially similar nature and the laws of such party state shall contain such
provisions as may be necessary to ensure that full force and effect is
given to this article.
ARTICLE V
Applications for New Licenses
Upon application for a license to drive, the licensing authority in a
party state shall ascertain whether the applicant has ever held, or is the
holder of a license to drive issued by any other party state. The licensing
authority in the state where application is made shall not issue a license
to drive to the applicant if:
(1) The applicant has held such a license, but the same has been
suspended by reason, in whole or in part, of a violation and if such
suspension period has not terminated.
(2) The applicant has held such a license, but the same has been
revoked by reason, in whole or in part, of a violation and if such revo-
cation has not terminated, except that after the expiration of one year
from the date the license was revoked, such person may make applica-
tion for a new license if permitted by law. The licensing authority may
refuse to issue a license to any such applicant if, after investigation, the
licensing authority determines that it will not be safe to grant to such
person the privilege of driving a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive issued by
another party state and currently in force unless the applicant surrenders
such license.
ARTICLE VI
Applicability of Other Laws
Except as expressly required by provisions of this Compact, nothing
contained herein shall be construed to affect the right of any party state
to apply any of its other laws relating to licenses to drive to any person
or circumstance, nor to invalidate or prevent any driver license agree-
ment or other cooperative arrangement between a party state and a
non-party state.
ARTICLE VII
Compact Administrator and Interchange of Information
(a) The head of the licensing authority of each party state shall
be the administrator of this Compact for his state. The administrators,
acting jointly, shall have the power to formulate all necessary and proper
procedures for the exchange of information under this Compact.
(b) The administrator of each party state shall furnish to the ad-
ministrator of each other party state any information or documents rea-
sonably necessary to facilitate the administration of this Compact.
ARTICLE VIII
Entry Into Force and Withdrawal
(a) This Compact shall enter into force and become effective as to
any state when it has enacted the same into law.
(b) Any party state may withdraw from this Compact by enacting a
statute repealing the same, but no such withdrawal shall take effect until
six months after the executive head of the withdrawing state has given
notice of the withdrawal to the executive heads of all other party states.
No withdrawal shall affect the validity or applicability by the licensing
authorities of states remaining party to the Compact of any report of
conviction occurring prior to the withdrawal.
ARTICLE IX
Construction and Severability
This Compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this Compact shall be severable and
if any phrase, clause, sentence or provision of this Compact is declared
to be contrary to the constitution of any party state or of the United
States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this Com-
pact and the applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this Compact shall be held
contrary to the constitution of any state party thereto, the Compact
shall remain in full force and effect as to the remaining states and in full
force and effect as to the state affected as to all severable matters.
As used in the Compact, the term “licensing authority” with
reference to this State shall mean the Division of Motor Vehicles. The
Division shall furnish to the appropriate authorities of any other party
state any information or documents reasonably necessary to facilitate
the administration of Articles III, IV, and V of the Compact.
§ 3. The Compact administrator provided for in Article VII of
the Compact shall not be entitled to any additional compensation on ac-
count of his service as such administrator, but shall be entitled to expenses
incurred in connection with his duties and responsibilities as such ad-
ministrator, in the same manner as for expenses incurred in connection
with any other duties or responsibilities of his office or employment.
As used in the Compact, with reference to this State, the term
“executive head” shall mean the Governor.
. For the purposes of complying with paragraphs (a) and (c)
of Article IV of the Compact, the following sections of the Code of Vir-
ginia and county, city or town ordinances substantially paralleling such
sections shall be deemed to cover the offenses of paragraph (a) of Article
IV: with respect to subparagraph (2). §§ 18.1-54 and 18.1-56.1; with
respect to subparagraph (4), § 46.1-176 subject to the limitation that
the accident resulted in the death or personal injury of another; with re-
spect to subparagraphs (1) and (3), the Division shall determine which
offenses are covered in the same manner as under § 46.1-417 of the Code
of Virginia.
§ 6. For the purpose of enforcing subnaragraph (3) of Article V.
the Division shall include as part of the form for application for an
operator’s or chauffeur’s license under § 46.1-368 a question whether the
applicant is currently licensed in another state and shall, if the applicant
is so licensed, require the surrender of such license prior to the granting
of such application in accordance with the provisions of Chapter 5 of
Title 46.1 of the Code of Virginia.