46.2-328 - Department to issue licenses; endorsements, classifications, and restrictions authorizing operation of certain vehicles.
§ 46.2-328. Department to issue licenses; endorsements, classifications, andrestrictions authorizing operation of certain vehicles.
A. The Department shall issue to every person licensed as a driver, adriver's license. Every driver's license shall contain all appropriateendorsements, classifications, and restrictions, where applicable, if thelicensee has been licensed:
1. To operate a motorcycle as defined in § 46.2-100, or
2. To operate a school bus as defined in § 46.2-100, or
3. To operate a commercial motor vehicle pursuant to the provisions of theVirginia Commercial Driver's License Act (§ 46.2-341.1 et seq.).
B. Every applicant intending to operate one or more of the motor vehiclesdescribed in subsection A of this section, when applying for a driver'slicense, shall state in his application the classification of the vehicle orvehicles that he intends to operate and for which he seeks to be licensed andsubmit to and pass the examination provided for in § 46.2-325 and, ifapplicable, §§ 46.2-337 and 46.2-341.14, using the type of vehicle orvehicles for which he seeks to be licensed.
C. Every applicant intending to drive a motorcycle, when applying for aclassification to authorize the driving of a motorcycle, shall submit to andpass the examination provided for in § 46.2-337. A classification on anylicense to drive a motorcycle shall indicate that the license is classifiedfor the purpose of authorizing the licensee to drive only motorcycles.However, if the applicant has a valid license at the time of application fora classification to drive a motorcycle, or if the applicant, at the time ofsuch application, applies for a regular driver's license and submits to andpasses the examination provided for in § 46.2-325, he shall be granted aclassification on his license to drive motorcycles in addition to any othervehicles his driver's license or commercial driver's license may authorizehim to operate.
A valid Virginia driver's license issued to a person 19 years of age or olderaccompanied by documentation verifying his successful completion of amotorcycle rider safety training course offered by a provider licensed underArticle 23 (§ 46.2-1188 et seq.) of Chapter 10 shall constitute a driver'slicense with a temporary motorcycle classification for the purposes ofdriving a motorcycle. The temporary motorcycle classification shall only bevalid for 30 days from the date of successful completion of the motorcyclerider safety training course as shown on the documentation evidencingcompletion of such course.
Any person who holds a valid Virginia driver's license and is a member, thespouse of a member, or a dependent of a member of the United States ArmedServices shall be issued a motorcycle classification by mail upondocumentation of (i) successful completion of a basic motorcycle rider courseapproved by the United States Armed Services and (ii) documentation of hisassignment outside the Commonwealth.
D. The Department may make any changes in the classifications andendorsements during the validity of the license as may be appropriate.
E. The provisions of this section shall be applicable to persons applying forlearner's permits as otherwise provided for in this title.
F. Every person issued a driver's license or commercial driver's license whodrives any motor vehicle of the classifications in this section, and whosedriver's license does not carry an endorsement or indication that thelicensee is licensed as provided in this section shall be guilty of a Class 1misdemeanor.
(Code 1950, § 46-368; 1958, c. 541, § 46.1-373; 1964, c. 239; 1968, c. 642;1970, c. 696; 1984, cc. 73, 476, 780; 1989, cc. 705, 727; 2000, c. 269; 2007,c. 190; 2009, c. 77.)