BIBERAJ & SNOW, PC
Prepare Today to Protect Tomorrow
Young Drivers and Driver's Licenses
Young drivers within the Commonwealth of Virginia are permitted to obtain driving privileges via a progressive schedule. Initially, a minor obtains a learner’s permit, then a temporary / conditional license, and ultimately a permanent license (at age 20).
Here are a few statutes and facts that every driver and parent should know about juvenile driving privileges:
Licensure of Minors: Pursuant to Virginia Code § 46.2-334 the minor must be at least 16 year and 3 months old (driving permit). The minor must:
-Submit an application supporting the facts that he/she is a resident of the commonwealth;
-Have successfully completed a driver education course approved by the State Department of Education or offered by a licensed driver training school; and
-Is mentally, physically, and otherwise qualified to drive a motor vehicle safely.
A parent must sign the application for a driver’s license (some exceptions apply). If the minor has been convicted (adjudicated delinquent) of an offense or found to be a child in need of supervision by a J&DR court, the DMV shall not issue a license without the written approval of a J&DR judge.
Given the conditional nature of a minor’s license until age 20, the DMV has broad authority to either suspend a minor’s license or place the minor on a probationary status for continuing traffic infractions.
For a permanent license to issue to a minor he/she must be in compliance with the compulsory school attendance law (unless a diploma or its equivalent or a certificate of completion is presented).
Parent’s veto authority: Pursuant to Virginia Code § 46.2-334, any parent may file a written request with the DMV that the license of the minor be canceled. The DMV shall cancel the license and not reissue until 6 months have passed from the date of cancellation or the minor reaches his eighteenth birthday, whichever shall occur sooner.
