CODE OF VIRGINIA

APPLICATION FOR DRIVER’S LICENSE; PROOF OF COMPLETION OF DRIVER EDUCATION
PROGRAM; PENALTY (§ 46.2-323)

A. Every application for a driver’s license, temporary driver’s
permit, learner’s permit, or motorcycle learner’s permit shall be
made on a form prescribed by the Department and the applicant shall write his
usual signature in ink in the space provided on the form. The form shall include
notice to the applicant of the duty to register with the Department of State
Police as provided in Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, if the
applicant has been convicted of an offense for which registration with the Sex
Offender and Crimes Against Minors Registry is required.

B. Every application shall state the full legal name, year, month, and date of
birth, social security number, sex, and residence address of the applicant;
whether or not the applicant has previously been licensed as a driver and, if
so, when and by what state, and whether or not his license has ever been
suspended or revoked and, if so, the date of and reason for such suspension or
revocation. The Department, as a condition for the issuance of any
driver’s license, temporary driver’s permit, learner’s permit,
or motorcycle learner’s permit shall require the surrender of any
driver’s license or, in the case of a motorcycle learner’s permit, a
motorcycle license issued by another state and held by the applicant. The
applicant shall also answer any questions on the application form or otherwise
propounded by the Department incidental to the examination. The applicant may
also be required to present proof of identity, residency, and social security
number or non-work authorized status, if required to appear in person before the
Department to apply.The Commissioner shall require that each application include
a certification statement to be signed by the applicant under penalty of
perjury, certifying that the information presented on the application is true
and correct.If the applicant fails or refuses to sign the certification
statement, the Department shall not issue the applicant a driver’s
license, temporary driver’s permit, learner’s permit or motorcycle
learner’s permit.Any applicant who knowingly makes a false certification
or supplies false or fictitious evidence shall be punished as provided in §
46.2-348.

C. Every application for a driver’s license shall include a photograph of
the applicant supplied under arrangements made by the Department. The photograph
shall be processed by the Department so that the photograph can be made part of
the issued license.

D. Notwithstanding the provisions of § 46.2-334, every applicant for a
driver’s license who is under 18 years of age shall furnish the Department
with satisfactory proof of his successful completion of a driver education
program approved by the State Department of Education.

E. Every application for a driver’s license submitted by a person less
than 18 years old and attending a public school in the Commonwealth shall be
accompanied by a document, signed by the applicant’s parent or legal
guardian, authorizing the principal, or his designee, of the school attended by
the applicant to notify the juvenile and domestic relations district court
within whose jurisdiction the minor resides when the applicant has had 10 or
more unexcused absences from school on consecutive school days.

F. The Department shall electronically transmit application information 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 issuance of a driver’s license, temporary
driver’s permit, learner’s permit, or motorcycle learner’s
permit. Whenever it appears from the records of the State Police that a person
has failed to comply with the duty to register or reregister 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 made application of
licensure.

HISTORY: Code 1950, § 46-362; 1958, c. 541, § 46.1-368; 1962, c. 368; 1968, c.
642; 1974, c. 605; 1982, c. 180; 1983, c. 608; 1984, cc. 778, 780; 1988, c. 105;
1989, cc. 705, 727; 1993, cc. 471, 501; 1994, c. 362; 1998, c. 322; 2002, cc.
535, 867; 2003, c. 584; 2005, cc. 259, 828; 2006, cc. 857, 914; 2009, cc. 439,
872; 2016, c. 488.