46.2-498 - Driver improvement clinics; voluntary attendance.
§ 46.2-498. Driver improvement clinics; voluntary attendance.
A. Whenever the driving record of any person who is eighteen years old orolder shows an accumulation of at least twelve demerit points based onconvictions for traffic offenses committed within a period of twelveconsecutive months, or at least eighteen demerit points based on convictionsfor traffic offenses committed within a period of twenty-four consecutivemonths, respectively, the Commissioner shall direct the person to attend adriver improvement clinic.
B. Except for those persons whose licenses are subject to the restrictions of§ 46.2-334.01, whenever the driving record of a person under the age ofeighteen years shows an accumulation of (i) at least nine points based onconvictions for traffic offenses committed within a period of twelveconsecutive months or (ii) at least twelve points based on convictions fortraffic offenses committed within a period of twenty-four consecutive months,the Commissioner shall direct the person to attend a driver improvementclinic and such person shall be subject to probation pursuant to § 46.2-499.
C. Except as provided for in subsection D of this section and in §§46.2-334.01 and 46.2-505, every person who attends a driver improvementclinic conducted by the Department or those businesses, organizations,governmental entities or individuals certified by the Department to providedriver improvement clinic instruction and who satisfactorily completes theclinic shall have five demerit points subtracted from his total accumulationof demerit points, except in those instances where a person has notaccumulated five demerit points, in which case a reduction in demerit pointsand/or the award of safe driving points will be made. No person shall beallowed to accumulate more than five safe driving points.
Safe driving points shall be awarded or reductions in premium charges, as setforth in § 38.2-2217, shall be received for the completion of a driverimprovement clinic only once within a period of two years from the date aperson satisfactorily completes the clinic. Persons shall be eligible tovoluntarily attend a driver improvement clinic again for either safe drivingpoints or a reduction in premium charges, whichever was not awarded orreceived previously, one year from the date of satisfactory completion of adriver improvement clinic in which safe driving points or a reduction inpremium charges was received or awarded.
D. Any resident or nonresident person holding a valid license to drive amotor vehicle in Virginia, whether or not he has accumulated demerit points,may apply to any business, organization, governmental entity or individualcertified by the Department to provide driver improvement clinic instructionfor permission to attend a driver improvement clinic on a voluntary basis.Such businesses, organizations, governmental entities or individuals may,when seating space is available, schedule the person to attend a driverimprovement clinic.
Persons who voluntarily attend and satisfactorily complete a driverimprovement clinic shall be eligible (i) to have five demerit pointssubtracted from their total accumulation of demerit points, except in thoseinstances where a person has not accumulated five demerit points, in whichcase a reduction in demerit points and/or the award of safe driving pointswill be made, or (ii) to receive a reduction in premium charges as set forthunder § 38.2-2217, either of which, but not both, shall be awarded orreceived no more than once in a two-year period, as set forth in subsection Cof this section. Such persons shall inform the business, organization orindividual providing instruction if they are attending to be awarded safedriving points or to receive a reduction in premium charges as set forthunder § 38.2-2217.
(1974, c. 453, § 46.1-514.12; 1982, c. 671; 1984, c. 673; 1989, c. 727; 1995,cc. 226, 672; 1996, cc. 307, 1035; 1998, cc. 124, 792.)