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QuestionInsurance Question  Are passenger restrictions in Virginia a secondary offense?

AnswerAuto Insurance Answer

According to the information we have previously read regarding violations of the passenger restrictions and hours of operation restrictions for novice drivers in Virginia, it states that they are secondary offenses meaning drivers can be cited only if stopped by police for another violation.

The Insurance Institute for Highway Safety (IIHS) released in August 2008 a summary of all United States graduated licensing laws and here it notes that in Virginia both the passenger restriction and hours of operation conditions are secondary offenses.

As you are aware beginning drivers in VA have certain restrictions on them as they learn to drive. Virginia's driving restrictions are not meant to penalize teen drivers, but to help them stay safe while they gain valuable driving experience. Studies have found that these restrictions work to reduce the number of car crashes among young drivers.

The Virginia Department of Motor Vehicles (DMV) states that if you are driver under age 18 you may carry only one passenger under age 18 during the first year that you hold your driver's license. After you have held your license for one year, you may carry only three passengers under age 18 until you reach age 18. Learner's permit holders may not carry more than one passenger under age 18. Passenger restrictions do not apply to family members.

If you are 19 years of age and older and you have never held a license issued by any state, U.S. territory or foreign country, you must hold a learner's permit for 30 days or more or show completion of a state-approved

The Virginia DMV states that VA curfew laws prohibit a driver under age 18 who holds a learner's permit or driver's license from driving midnight to 4 A.M. If you hold a driver's license you may drive during these hours:

  • in case of an emergency;
  • when traveling to and from work or a school-sponsored event;
  • when accompanied by a parent or other adult acting in place of a parent;
  • when responding to an emergency call as a volunteer firefighter or rescue squad personnel.

Violations of either the curfew or passenger restrictions can result in the suspension of your driver's license.You will receive a notice that tells you when to appear in court for a licensing ceremony where you will receive your permanent driver's license. You must appear before the judge with a parent or legal guardian to receive your license.

As of July 1, 2008 there is a new VA law which requires learner's permit holders to practice behind the wheel for more hours. It increases the minimum driving hours from 40 to 45, and at least 15 of those hours must be after sunset. The law also requires certification of the hours the learner's permit holder drives, which must be documented on a form supplied by the VA Department of Motor Vehicles.

Get auto insurance quotes online for Virginia here with us.

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