HB1148: Driver's license and learner's permit renewal; certain older applicants.
HOUSE BILL NO. 1148
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-330 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-330. Expiration and renewal of licenses; examinations required.
A. Every driver's license shall expire on the applicant's
birthday at the end of the period of years for which a driver's license has
been issued. At no time shall any driver's license be issued for more than
eight years or less than five years, unless otherwise provided by law.
Thereafter the driver's license shall be renewed on or before the birthday of
the licensee and shall be valid for a period not to exceed eight years except
as otherwise provided by law. Any driver's license issued to a person age 75 70
or older shall be issued for a period not to exceed five years. Notwithstanding
these limitations, the Commissioner may extend the validity period of an
expiring license if (i) the Department is unable to process an application for
renewal due to circumstances beyond its control, (ii) the extension has been
authorized under a directive from the Governor, and (iii) the license was not
issued as a limited-duration driver's license under the provisions of subsection
B of § 46.2-328.1. However, in no event shall the validity period be extended
more than 90 days per occurrence of such conditions. In determining the number
of years for which a driver's license shall be renewed, the Commissioner shall
take into consideration the examinations, conditions, requirements, and other
criteria provided under this title that relate to the issuance of a license to
operate a vehicle. Any driver's license issued to a person required to register
pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 shall expire on the
applicant's birthday in years which the applicant attains an age equally
divisible by five.
B. Within one year prior to the date shown on the driver's license as the date of expiration, the Department shall send notice, to the holder thereof, at the address shown on the records of the Department in its driver's license file, that his license will expire on a date specified therein, whether he must be reexamined, and when he may be reexamined. Nonreceipt of the notice shall not extend the period of validity of the driver's license beyond its expiration date. The license holder may request the Department to send such renewal notice to an email or other electronic address, upon provision of such address to the Department.
Any driver's license may be renewed by application after the applicant has taken and successfully completed those parts of the examination provided for in §§ 46.2-311, 46.2-325, and the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.), including vision and written tests, other than the parts of the examination requiring the applicant to drive a motor vehicle. All drivers applying in person for renewal of a license shall take and successfully complete the examination each renewal year. Every applicant for a renewal shall appear in person before the Department, unless specifically notified by the Department that renewal may be accomplished in another manner as provided in the notice. Applicants who are required to appear in person before the Department to apply for a renewal may also be required to present proof of identity, legal presence, residency, and social security number or non-work authorized status.
C. Notwithstanding any other provision of this section, the
Commissioner, in his discretion, may require any applicant for renewal to be
fully examined as provided in §§ 46.2-311 and 46.2-325 and the Virginia
Commercial Driver's License Act (§ 46.2-341.1 et seq.). Furthermore, if the
applicant is less than 75 70 years old, the Commissioner
may waive the vision examination for any applicant for renewal of a driver's
license that is not a commercial driver's license and the requirement for the
taking of the written test as provided in subsection B of this section, §
46.2-325, and the Virginia Commercial Driver's License Act (§ 46.2-341.1 et
seq.). However, in no case shall there be any waiver of the vision examination
for applicants for renewal of a commercial driver's license or of the knowledge
test required by the Virginia Commercial Driver's License Act for the hazardous
materials endorsement on a commercial driver's license.
C1. No
driver's license or learner's permit issued to any person who is 75 70
years old or older shall be renewed unless the applicant for renewal (i) appears in person, (ii) provides a certification
by a physician that the
applicant is mentally and physically capable of operating a motor vehicle,
and (iii) either (i) (a)
passes a vision examination or (ii) (b) presents a report of a
vision examination, made within 90 days prior thereto by an ophthalmologist or
optometrist, indicating that the applicant's vision meets or exceeds the
standards contained in § 46.2-311. Upon
request, the Commissioner may issue a
45-day temporary driver's license or learner's permit to any applicant who
does not have the certification required pursuant to
clause (ii) but is otherwise eligible for
renewal. The Commissioner shall
establish a process whereby an applicant who is unable to obtain a
certification pursuant to clause (ii) may be evaluated to
determine his fitness to drive as provided in § 46.2-322.
D. Every applicant for renewal of a driver's license, whether renewal shall or shall not be dependent on any examination of the applicant, shall appear in person before the Department to apply for renewal, unless specifically notified by the Department that renewal may be accomplished in another manner as provided in the notice.
E. This section shall not modify the provisions of § 46.2-221.2.
F. 1. The Department shall electronically transmit application information, including a photograph, to the Department of State Police, in a format approved by the State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry files, at the time of the renewal of a driver's license. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register, reregister, or verify his registration information pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person last registered, reregistered, or verified his registration information or in the jurisdiction where the person made application for licensure. The Department of State Police shall electronically transmit to the Department, in a format approved by the Department, for each person required to register pursuant to Chapter 9 of Title 9.1, registry information consisting of the person's name, all aliases that he has used or under which he may have been known, his date of birth, and his social security number as set out in § 9.1-903.
2. For each person required to register pursuant to Chapter 9 of Title 9.1, the Department may not waive the requirement that each such person shall appear for each renewal or the requirement to obtain a photograph in accordance with subsection C of § 46.2-323.