46.2-325 - Examination of applicants; waiver of Department's examination under certain circumstances; behind-the-wheel and knowledge examinations.
§ 46.2-325. Examination of applicants; waiver of Department's examinationunder certain circumstances; behind-the-wheel and knowledge examinations.
A. The Department shall examine every applicant for a driver's license beforeissuing any license to determine (i) his physical and mental qualificationsand his ability to drive a motor vehicle without jeopardizing the safety ofpersons or property and (ii) if any facts exist which would bar the issuanceof a license under §§ 46.2-311 through 46.2-316, 46.2-334 or § 46.2-335. Theexamination, however, shall not include investigation of any facts other thanthose directly pertaining to the ability of the applicant to drive a motorvehicle with safety, or other than those facts declared to be prerequisite tothe issuance of a license under this chapter. No applicant otherwisecompetent shall be required to demonstrate ability to park any motor vehicleexcept in an adequate parking space between horizontal markers, and notbetween flags or sticks simulating parked vehicles. Except as provided for in§ 46.2-337, applicants for licensure to drive motor vehicles of theclassifications referred to in § 46.2-328 shall submit to examinations whichrelate to the operation of those vehicles.
Except for applicants subject to § 46.2-312, if the Commissioner is satisfiedthat an applicant has demonstrated the same proficiency as required by theDepartment's examination through successful completion of either (i) thedriver education course approved by the Department of Education or (ii) adriver training course offered by a driver training school licensed underChapter 17 (§ 46.2-1700 et seq.) of this title, he may waive those parts ofthe Department's examination provided for in this section that require theapplicant to drive and park a motor vehicle.
B. No person who fails the behind-the-wheel examination for a driver'slicense administered by the Department three times shall be permitted to takesuch examination a fourth time until he successfully completes, subsequent tothe third examination failure, the in-vehicle component of driver instructionat a driver training school licensed under Chapter 17 (§ 46.2-1700 et seq.)or a comparable course approved by the Department or the Department ofEducation. In addition, no person who fails the driver knowledge examinationfor a driver's license administered by the Department three times shall bepermitted to take such examination a fourth time until he successfullycompletes, subsequent to the third examination failure, the classroomcomponent of driver instruction at a driver training school licensed underChapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by theDepartment or the Department of Education.
The provisions of this subsection shall not apply to persons placed undermedical control by the Department pursuant to § 46.2-322.
(Code 1950, § 46-365; 1954, c. 454; 1958, c. 541, § 46.1-369; 1966, cc. 375,595; 1968, c. 176; 1976, c. 8; 1984, c. 780; 1989, c. 727; 1995, c. 847;1997, c. 841; 2007, c. 190; 2008, c. 735.)