Motorcycle Driver Improvement Clinic Fund; created.

A BILL to amend and reenact §§
46.2-490
,
46.2-490.3
,
46.2-501
, and
46.2-505
of the Code of Virginia and to amend the Code of Virginia by adding sections numbered
46.2-490.12
and
46.2-490.13
, relating to driver improvement clinics; motorcycle driver improvement clinics; Motorcycle Driver Improvement Clinic Fund; created.

Be it enacted by the General Assembly of Virginia:

1. That §§
46.2-490
,
46.2-490.3
,
46.2-501
, and
46.2-505
of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered
46.2-490.12
and
46.2-490.13
as follows:

§
46.2-490
. Establishment of driver improvement clinic program; application fees.

A. The Commissioner shall, in his discretion, contract with such entities as the Commissioner deems fit, including private or governmental entities, to develop curricula for a statewide driver improvement clinic program. Such program shall include instruction concerning
but not limited to
(i) alcohol and drug abuse, (ii) aggressive driving, (iii) distracted driving, (iv) motorcycle awareness, and (v) work zone safety. The driver improvement clinic program shall be established for the purpose of instructing persons identified by the Department and the court system as problem drivers in need of driver improvement education and training and for those drivers interested in improved driving safety.
The driver improvement clinic program shall include motorcycle driver improvement clinics
, which shall additionally be subject to the requirements of §
46.2-490.12
.
The clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers, and for the purpose of creating a lasting and corrective influence on their driving performance. The clinics shall operate in localities based on their geographical location so as to be reasonably accessible to persons attending these clinics.

B. All businesses, organizations, governmental entities or individuals that want to provide driver improvement clinic instruction as a driver improvement clinic or instructor in the Commonwealth using approved curricula shall apply to the Department to be licensed to do so, based on criteria established by the Department. Such license shall be valid for a period of two years. A nonrefundable license application fee of $150 shall be paid to the Department by all such businesses, organizations, governmental entities or individuals. A nonrefundable license fee of $40 shall also be paid for each additional clinic location operated by a clinic. A nonrefundable license fee of $75 shall be paid to the Department by a person applying for a clinic instructor license.

The first certification issued for additional clinic locations and clinic instructors shall expire on the same date the original clinic's certification expires, and the first application or license fee may be prorated on a monthly basis. Thereafter, the renewal period for any additional clinic locations and clinic instructors shall match that of the original clinic.

However, neither the license application fee for each additional clinic location nor the license application fee for a clinic instructor license shall be required of or collected from the Virginia Association of Volunteer Rescue Squads or its members in connection with clinics that are provided for emergency vehicle operation training. All such application fees collected by the Department shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.

§
46.2-490.3
. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Computer-based clinic provider
,
" means any clinic licensed by the Department to conduct driver improvement clinics via the Internet or other electronic means approved by the Department.

"Driver improvement clinic" or "clinic" means an individual, partnership or corporation, institution of higher education, or government entity licensed by the Department as prescribed by this chapter for the purpose of instructing persons identified by the Department and the court system as problem drivers; in need of driver improvement education and training; and for drivers interested in improving their own knowledge of highway safety.
"Driver improvement clinic" or "clinic" include
s
motorcycle driver improvement clinics.

"Instructor" means any person, whether acting for himself as operator of a driver training clinic or for such clinic for compensation, who is licensed by the Department as prescribed by this chapter and who teaches, conducts classes, gives demonstrations, or supervises persons undergoing mandatory or voluntary driver improvement training.

"Motorcycle driver improvement clinic" means a driver improvement clinic
developed specifically for operators of motorcycles and that includes such information and instruction as may be useful for persons operating motorcycles.

§
46.2-490.12
. Motorcycle driver improvement clinic
s
.

The Commissioner shall, in
the process of
contract
ing
with entities
pursuant to subsection A of §
46.2-490
for the creation of motorcycle driver improvement clinics
, contract
with such entities
to develop curricula for
such
motorcycle driver
improvement
clinics.
Such
motorcycle driver improvement
clinics shall
include instruction
concerning (i)
the safe operation of motorcycles,
(ii)
issues specific to such operation, and
(iii) other topics included in standard driver improvement clinics
that pertain to motorcycles. Such instruction shall be comparable in structure, rigor, and substantive nature
to

the course of instruction of
standard driver improvement clinics
and shall
otherwise
conform to the
instructional
requirements of standard driver improvement clinics in
§
46.2-490
,
to the extent
that
they do not conflict
with
or duplicate the requirements of this section
.
The
Commissioner
shall give priority to the creation of motorcycle driver improvement clinics that operate as
computer-based clinic providers.

§
46.2-490.13
. Motorcycle Driver Improvement Clinic Fund.

To finance the cost of
m
otorcycle driver improvement clinics, the Department shall deposit $3 of the fee collected for the issuance of each motorcycle registration into a special fund to be known as the
Motorcycle Driver Improvement Clinic Fund
(the Fund)
. The Department shall use the Fund as necessary for (i) the costs
incurred by
the Department of Motor Vehicles in the administration of this article
relating to motorcycle driver improvement clinics
;
(ii) the funding of
motorcycle driver improvement clinics
;

and (iii) any other purposes related to the administration of this article
, as it relates to motorcycle driver
improvement
clinics
, including contractual costs related to administrative and other operational support for
such clinics
.

§
46.2-501
. Notice to attend driver improvement clinic.

A. Any notice to attend a driver improvement clinic shall contain:

1. Information on how to schedule a driver improvement clinic
and whether such clinic shall be a standard clinic or a motorcycle driver improvement clinic
.

2. The purpose of the driver improvement clinic, including the consequences of not attending the clinic program.

3. An explanation of the terms of the probationary licensing period.

4. A requirement stating that the clinic must be satisfactorily completed within ninety days from the date of the notice. The Commissioner may for good cause shown, and provided the person provides the Commissioner with satisfactory evidence documenting the need and soonest date of return, extend the time limit otherwise provided for attending such a clinic when the person directed to attend a driver improvement clinic is (i) attending an institution of higher education outside Virginia, and attendance is to coincide with a break in the school year of such institution of higher education, provided that jurisdiction does not offer an approved driver improvement clinic or (ii) in the military or is a military dependent and is stationed outside the United States or outside the Commonwealth in a jurisdiction that does not offer an approved driver improvement clinic.

B. The notice directing any person to attend a driver improvement clinic shall be forwarded by certified mail to the last known address of the person, as shown on the records of the Department.

§
46.2-505
. Court may direct defendant to attend driver improvement clinic.

A. Any circuit or general district court or juvenile court of the Commonwealth, or any federal court, charged with the duty of hearing traffic cases for offenses committed in violation of any law of the Commonwealth, or any valid local ordinance, or any federal law regulating the movement or operation of a motor vehicle, may require any person found guilty, or in the case of a juvenile found not innocent, of a violation of any state law, local ordinance, or federal law, to attend a driver improvement clinic or a mature driver motor vehicle crash prevention course as provided for in §
38.2-2217
. The attendance requirement may be in lieu of or in addition to the penalties prescribed by §
46.2-113
, the ordinance, or federal law. The court shall determine if a person is to receive safe driving points upon satisfactory completion of a driver improvement clinic conducted by the Department or by any business, organization, governmental entity or individual certified by the Department to provide driver improvement clinic instruction. In the absence of such notification, no safe driving points shall be awarded by the Department.

B. Notwithstanding the provisions of subsection A, no court shall, as a result of a person's attendance at a driver improvement clinic or a mature driver motor vehicle crash prevention course, reduce, dismiss, or defer the conviction of a person charged with any offense committed while operating a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act (§
46.2-341.1
et seq.) or any holder of a commercial driver's license charged with any offense committed while operating a noncommercial motor vehicle.

C. Persons required by the court to attend a driver improvement clinic or a mature driver motor vehicle crash prevention course shall notify the court if the driver improvement clinic or mature driver motor vehicle crash prevention course has or has not been attended and satisfactorily completed, in compliance with the court order. Failure of the person to attend and satisfactorily complete a driver improvement clinic or mature driver motor vehicle crash prevention course, in compliance with the court order, may be punished as contempt of such court.

D.
Any court authorized to direct a defendant

to attend a driver improvement clinic pursuant to this section may, in its discretion,
direct a defendant
who committed a violation while operating a motorcycle
to attend a motorcycle driver improvement clinic and satisfy the
requirements
thereof
.