38.2-2217 - Reduction in rates for certain persons who attend motor vehicle crash prevention courses and driver improvement clinics.

§ 38.2-2217. Reduction in rates for certain persons who attend motor vehiclecrash prevention courses and driver improvement clinics.

A. Any schedule of rates, rate classifications or rating plans for motorvehicle insurance as defined in § 38.2-2212 filed with the Commission shallprovide for an appropriate reduction in premium charges for those insuredpersons who are fifty-five years of age and older and who qualify as providedin this subsection. Only those insured persons who have successfullycompleted a motor vehicle crash prevention course approved by the Departmentof Motor Vehicles shall qualify for a three-year period after the completionof the course for the reduction in rates. No reduction in premiums shall beallowed for a self-instructed course or for any course that does not provideactual classroom instruction for a minimum number of hours as determined bythe Department of Motor Vehicles. Notwithstanding the foregoing provisions ofthis section, a course sponsor that has been approved by the Department forthe classroom delivery of a crash prevention course may also be approved todeliver that same substantive course through a secure computer-based mediumprovided via the Internet or other electronic means that have been approvedby the Department, provided that the sponsor has acceptable security featuresdesigned to assure that the certificates issued pursuant to subsection E areissued to the same person who took the course and passed the examinationrelated to the course.

B. Any schedule of rates, rate classifications or rating plans for motorvehicle insurance as defined in § 38.2-2212 filed with the Commission mayprovide for an appropriate reduction in premium charges for a two-year periodfor those insured persons who are fifty-four years of age or younger and whohave satisfactorily completed a driver improvement clinic approved by theDepartment of Motor Vehicles, as set forth in Article 19 (§ 46.2-489 et seq.)of Chapter 3 of Title 46.2. No person assigned by the courts or notified bythe Department of Motor Vehicles to attend a driver improvement clinic shallbe eligible for such reduction in premium charges.

C. The Commission and the Department of Motor Vehicles may promulgate rulesand regulations which will assist them in carrying out the provisions of thissection.

D. All insurers writing motor vehicle insurance in Virginia as defined in §38.2-2212 shall allow an appropriate reduction in premium charges to alleligible persons upon successfully completing an approved crash preventioncourse through actual classroom instruction subject to the provisions ofsubsection A. Such insurers may allow an appropriate reduction in premiumcharges to all eligible persons upon successfully completing an approvedcrash prevention course via the Internet or other electronic means subject tothe provisions of subsection A.

E. Upon successfully completing the approved course, the course's sponsorshall issue to each participant a certificate approved by the Department ofMotor Vehicles which shall be evidence of satisfactory completion of either amotor vehicle crash prevention course or a driver improvement clinic for thereduction in premium charges. Participants shall be required to providesatisfactory evidence to the insurance provider that the course or clinic wascompleted in accordance with this section.

F. Each participant in a motor vehicle crash prevention course shall take anapproved course every three years in order to continue to be eligible for thereduction in premium charges. Each voluntary participant in a driverimprovement clinic shall take an approved course every two years in order tocontinue to be eligible for the reduction in premium charges, if any.

G. Nothing in this section prevents an insurer from offering appropriatelyreduced rates based solely on age.

(1984, c. 686, § 38.1-381.10; 1986, c. 562; 1995, c. 226; 2009, cc. 357, 545.)