Renewal of licenses; persons serving in the armed services on active duty outside the Commonwealth.

A BILL to amend and reenact §
46.2-330
of the Code of Virginia, relating to renewal of licenses; persons serving in the armed services on active duty outside the Commonwealth.

Be it enacted by the General Assembly of Virginia:

1. That §
46.2-330
of the Code of Virginia is amended and reenacted as follows:

§
46.2-330
. Expiration and renewal of licenses; examinations required.

A. Every driver's license shall expire on the applicant's birthday at the end of the period of years for which a driver's license has been issued. At no time shall any driver's license be issued for more than eight years or less than five years, unless otherwise provided by law. Thereafter
,
the driver's license shall be renewed on or before the birthday of the licensee and shall be valid for a period not to exceed eight years
,
except as otherwise provided by law. Any driver's license issued to a person age 75 or older shall be issued for a period not to exceed five years. Notwithstanding these limitations, the Commissioner may extend the validity period of an expiring license if (i) the Department is unable to process an application for renewal due to circumstances beyond its control, (ii) the extension has been authorized under a directive from the Governor, and (iii) the license was not issued as a limited-duration driver's license under the provisions of subsection B of §
46.2-328.1
. However, in no event shall the validity period be extended more than 90 days per occurrence of such conditions. In determining the number of years for which a driver's license shall be renewed, the Commissioner shall take into consideration the examinations, conditions, requirements, and other criteria provided under this title that relate to the issuance of a license to operate a vehicle. Any driver's license issued to a person required to register pursuant to Chapter 9 (§
9.1-900
et seq.) of Title 9.1 shall expire on the applicant's birthday in years which the applicant attains an age equally divisible by five.

B. Within one year prior to the date shown on the driver's license as the date of expiration, the Department shall send notice, to the holder thereof, at the address shown on the records of the Department in its driver's license file, that his license will expire on a date specified therein, whether he must be reexamined, and when he may be reexamined. Nonreceipt of the notice shall not extend the period of validity of the driver's license beyond its expiration date. The license holder may request the Department to send such renewal notice to an email or other electronic address, upon provision of such address to the Department.

Any person
serving in the armed services of the United States
,
including
the regular Armed Forces of the United States or the National Guard or other reserve component,
on active duty w
ho will be serving
outside the Commonwealth
at the time of
the
expiration of his
valid
driver's license may
,

more than
one year prior to the date shown on
such
driver's license as the date of expiration,
request the
D
epartment to send
such
renewal notice
prior to the deadline
for sending such notice
required pursuant to this subsection
.
T
he Department shall send such renewal notice within two business days
of receipt of such request
.
If
such person provides the date of his departure from the Commonwealth in his request
for such notice
, the Department shall ensure
that

the
time when he may be reexamined
, if applicable,
occurs prior to h
is
departure
from the Commonwealth, suc
h that he may renew his driver's license prior to his departure
.

The Commissioner may
require
that
such request for notice be submitted on a form prescribed by the Commissioner.

Any driver's license may be renewed by application after the applicant has taken and successfully completed those parts of the examination provided for in §§
46.2-311
,
46.2-325
, and the Virginia Commercial Driver's License Act (§
46.2-341.1
et seq.), including vision and written tests, other than the parts of the examination requiring the applicant to drive a motor vehicle. All drivers applying in person for renewal of a license shall take and successfully complete the examination each renewal year. Every applicant for a renewal shall appear in person before the Department, unless specifically notified by the Department that renewal may be accomplished in another manner as provided in the notice. Applicants who are required to appear in person before the Department to apply for a renewal may also be required to present proof of identity, legal presence, residency, and social security number or non-work authorized status.

C. Notwithstanding any other provision of this section, the Commissioner, in his discretion, may require any applicant for renewal to be fully examined as provided in §§
46.2-311
and
46.2-325
and the Virginia Commercial Driver's License Act (§
46.2-341.1
et seq.). Furthermore, if the applicant is less than 75 years old, the Commissioner may waive the vision examination for any applicant for renewal of a driver's license that is not a commercial driver's license and the requirement for the taking of the written test as provided in subsection B of this section, §
46.2-325
, and the Virginia Commercial Driver's License Act (§
46.2-341.1
et seq.). However, in no case shall there be any waiver of the vision examination for applicants for renewal of a commercial driver's license or of the knowledge test required by the Virginia Commercial Driver's License Act for the hazardous materials endorsement on a commercial driver's license. No driver's license or learner's permit issued to any person who is 75 years old or older shall be renewed unless the applicant for renewal appears in person and either (i) passes a vision examination or (ii) presents a report of a vision examination, made within 90 days prior thereto by an ophthalmologist or optometrist, indicating that the applicant's vision meets or exceeds the standards contained in §
46.2-311
.

D. Every applicant for renewal of a driver's license, whether renewal shall or shall not be dependent on any examination of the applicant, shall appear in person before the Department to apply for renewal, unless specifically notified by the Department that renewal may be accomplished in another manner as provided in the notice.

E. This section shall not modify the provisions of §
46.2-221.2
.

F. 1. The Department shall electronically transmit application information, including a photograph, to the Department of State Police, in a format approved by the State Police, for comparison with information contained in the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry files, at the time of the renewal of a driver's license. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register, reregister, or verify his registration information pursuant to Chapter 9 (§
9.1-900
et seq.) of Title 9.1, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of §
18.2-472.1
in the jurisdiction in which the person last registered, reregistered, or verified his registration information or in the jurisdiction where the person made application for licensure. The Department of State Police shall electronically transmit to the Department, in a format approved by the Department, for each person required to register pursuant to Chapter 9 of Title 9.1, registry information consisting of the person's name, all aliases that he has used or under which he may have been known, his date of birth, and his social security number as set out in §
9.1-903
.

2. For each person required to register pursuant to Chapter 9 of Title 9.1, the Department may not waive the requirement that each such person shall appear for each renewal or the requirement to obtain a photograph in accordance with subsection C of §
46.2-323
.