SB 247 — Careless driving; vulnerable road users.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E507 An Act to amend and reenact §§ 46.2-392 and 46.2-816.1 of the Code of Virginia, relating to careless driving;

R O [S 247] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:

That §§ 46.2-392 and 46.2-816.1 of the Code of Virginia are amended and reenacted as followsEfollows: § 46.2-392.

Suspension of license or issuance of a restricted license on conviction of certaDn offIn addition to the penalties for careless driving and infliction of injury or death on vulnerable road users prescribed in § 46.2-816.1,46.2-392. the penalties for reckless driving prescribed in § 46.2-868, and the penalties for aggressive driving prescribed in § 46.2-868.1, the court may suspend the driver's license issued to a person convicted of careless driving and infliction of injury or death on vulnerable road users, reckless driving, or aggressive driving for a period of not less than 10 days nor more than six months and the court shall require the convicted person to surrender his license so suspended to the court where it will be disposed of in accordance with § 46.2-398.

BSuspension Additionally,of anylicense personor convictedissuance of a recklessrestricted drivinglicense offenseon whichconviction theof courtcertain hasoffenses; reason 4o enter into and successfully complete an alcohol safety action program.

Ifprobationary theconditions courtrequired; suspends a Eerson's driver's license for reckless driving and requires the person to enter into and successfully complete an alcohol safety action program, the Commissioner shall not reinstate the driver's license of the person until receipt of certification that the person has enrolled in an alcohol safety action program.

generally.

In addition to the penalties for careless driving and infliction of injury or death on vulnerable road users prescribed in § 46.2-816.1, the penalties for reckless driving prescribed in § 46.2-868, and the penalties for aggressive driving prescribed in § 46.2-868.1, the court may suspend the driver's license users, reckless driving, or aggressive driving for a period of not less than 10 days nor more than six months and the court shall require the convicted person to surrender his license so suspended to the court where it will be disposed of in accordance with § 46.2-398.

Additionally, any person convicted of a reckless driving offense which the court has reason to believe is alcohol-related or drug-related may be required as a condition of probation or otherwise to enter into and successfully complete an alcohol safety action program.

If the court suspends a person's driver's license for reckless driving and requires the person to enter into and successfully complete an alcohol safety action program, the Commissioner shall not reinstate the driver's license of the person until receipt of certification that the person has enrolled in an alcohol safety action program.

The court or the clerk of court shall transmit the license to the Commissioner along witThewith courtthe may,report inof itsthe discretionconviction andrequired forto good cause shown, provide that such person be issuedsent a restricted permit to operate a motor vehicle during the periodDepartment. of suspension for any of the purposes set forth in subsection E of § 18.2-271.1.

The court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle during the period of suspension for any of the purposes set forth in subsection E of § 18.2-271.1.

The court shall also provide a copy of its order to the person who may operate a motor vehicle on the order until receipt restrictedfrom licensethe shallCommissioner beof carried at all times while operating a motorrestricted vehicle.license.

A copy of such order and, after receipt thereof, the restricted license shall be carried at all times while operating a motor vehicle.

the operator of or passenger on a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, wheel chair or wheel chair conveyance, skateboard, roller skates, motorized skateboard or scooter, or animal-drawnhairanimal-drawn or vehicle or any attached device;