Restricted License & ability to accompany a driver with learner's permit

[bsw213]

What is the name of your state (only U.S. law)? VA

I don't know if this is the right forum but I have a restricted license as a result of a DUI. My son will be getting his learner's permit this afternoon if he passes. The law in Virginia says this:
"A. ...when accompanied by any licensed driver 21 years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister 18 years of age or older. The accompanying person shall be (i) alert, able to assist the driver, and actually occupying a seat beside the driver or, for motorcycle instruction, providing immediate supervision from a separate accompanying motor vehicle and (ii) lawfully permitted to operate the motor vehicle or accompanying motorcycle at that time.
My license is restricted through April of next year. I can drive for my 1st job & I can drive for side job as an independent sales rep - both between hours of 6:30am and 9:30pm M-Sat and 11am-5pm on Sunday, I can also drive my child to and from school, to and from his dad's house or a meeting place inbetween, to and from his grandparent's house for care/supervision. My question: Can I be one of the adult drivers that accompanies him when he is driving? The way I read it is that I can so long as the driving is for purposes outlined on my restricted license. Is that correct? How do you interpret this? I can't find anything that specifically says anything about whether the supervising driver can't have a restricted license. Thanks for your help.What is the name of your state (only U.S. law)? VAWhat is the name of your state (only U.S. law)?

 

[xylene]

Don't play technical with the law - you'll get burned!

What is the name of your state (only U.S. law)? VA

I don't know if this is the right forum but I have a restricted license as a result of a DUI. My son will be getting his learner's permit this afternoon if he passes. The law in Virginia says this:
"A. ...when accompanied by any licensed driver 21 years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister 18 years of age or older. The accompanying person shall be (i) alert, able to assist the driver, and actually occupying a seat beside the driver or, for motorcycle instruction, providing immediate supervision from a separate accompanying motor vehicle and (ii) lawfully permitted to operate the motor vehicle or accompanying motorcycle at that time.
My license is restricted through April of next year. I can drive for my 1st job & I can drive for side job as an independent sales rep - both between hours of 6:30am and 9:30pm M-Sat and 11am-5pm on Sunday, I can also drive my child to and from school, to and from his dad's house or a meeting place inbetween, to and from his grandparent's house for care/supervision. My question: Can I be one of the adult drivers that accompanies him when he is driving? The way I read it is that I can so long as the driving is for purposes outlined on my restricted license. Is that correct? How do you interpret this? I can't find anything that specifically says anything about whether the supervising driver can't have a restricted license. Thanks for your help.What is the name of your state (only U.S. law)? VAWhat is the name of your state (only U.S. law)?

Nope, you can't

First -

Son is only supposed to be driving for PRACTICE.
He isn't supposed to be doing any destination driving

Second -

Your restricted license prohibits you from all driving except a narrow set of driving tasks and destinations.

You are not allowed to drive around as long as it is between permitted destinations... if you were pulled over the officer and the court would not be like... "well you were driving between permitted places."

Since you can't drive around and son can only drive for practice... you are allowed until your license is resolved.

 

[bsw213]

restricted license & child's learner's - more questions....

Thanks for your reply. I want to understand and don’t want to do anything to get either of us in trouble…hence more questions: I understand he is supposed to drive for practice. I’m not suggesting we just drive around between permitted destinations. He would only drive for practice if we were actually going to the place I am allowed to drive…(i.e. I’m allowed to take him to school in the mornings and pick him up. Are you saying he can’t practice driving to school in the mornings instead of me driving him as I usually do? Or that he can’t practice driving home when I pick him up from school? When I have to take him to his dad’s for court ordered visitation, which is allowed on my restrictions, he can’t practice driving there and me drive back home as I am allowed?) You say kids can’t do any “destination driving”. I definitely didn’t realize that. So they can only drive around on roads and make no stops anywhere? Because I see my son’s friend’s driving to school in the mornings and their parents hop out and take the drivers seat to leave, etc. And where do I find this information about these rules? I just want to understand and not do anything to get either one of us in trouble. If you sense frustration, you are correct… I’m frustrated with myself that my situation affects him. Again, thanks for your help.

 

[Mass_Shyster]

When I have to take him to his dad’s for court ordered visitation, which is allowed on my restrictions, he can’t practice driving there and me drive back home as I am allowed?

In my opinion, you should be able to do that.

BUT**************.

My opinion counts for absolutely nothing in this situation.

The opinion that counts will belong to the police officer who pulls you over (or responds to the crash), the prosecutor who handles the case, and/or the judge (or jury if you can even get one for that infraction). You'll also have to pay a lawyer to promote your position.

Telling any of those people that Stevef on the internet thought it should be OK won't get you far.

I advise you to read Xylene's first sentence:

Don't play technical with the law - you'll get burned!

 

[Zigner]

Son is only supposed to be driving for PRACTICE.
He isn't supposed to be doing any destination driving

I agree with the sentiment, but this part is not true. As a kid (many moons ago), I would often drive from point A to point B as my practice. A few years back, while teaching my daughter to drive, I would have her drive from the location of her behind the wheel classes to our home. Driving to a destination as part of learning to drive is perfectly fine. In fact, it could be argued that driving of ANY type is driving to a destination...even if that destination is the same as the starting point


With all that, I definitely agree that our OP is looking for trouble and is not allowed to teach someone to drive while on a restricted license.

 

[xylene]

legal wrangling

I agree with the sentiment, but this part is not true. As a kid (many moons ago), I would often drive from point A to point B as my practice. A few years back, while teaching my daughter to drive, I would have her drive from the location of her behind the wheel classes to our home. Driving to a destination as part of learning to drive is perfectly fine. In fact, it could be argued that driving of ANY type is driving to a destination...even if that destination is the same as the starting point


With all that, I definitely agree that our OP is looking for trouble and is not allowed to teach someone to drive while on a restricted license.

The purpose of a learners permit, under VA law is to allow a new driver the opportunity to practice driving. That's it.

If driving home is practice, then it is lawful under that type of license.

Driving for transport or work, for self or others, under a learners permit is very questionable under that type of permit, and since that is ALL dad can do, it definitely not ok.

 

[Zigner]

The purpose of a learners permit, under VA law is to allow a new driver the opportunity to practice driving. That's it.

If driving home is practice, then it is lawful under that type of license.

Driving for transport or work, for self or others, under a learners permit is very questionable under that type of permit, and since that is ALL dad can do, it definitely not ok.

Ok - so we're both pretty much saying the same thing. So long as practice is actually occurring it's fine.

In our OP's situation, it's definitely NOT fine.

 

[Taper420]

Why don't you just call the DMV or show up and ask? Probably a lot more reliable than what any around here says.

 

[bsw213]

Why don't you just call the DMV or show up and ask? Probably a lot more reliable than what any around here says.

I did call the DMV and the girl on the phone said she wasn't sure and she'd have to check and put me on hold. When she got back on the phone, she said it appeared that I couldn't be the accompanying adult driver because I would have to be able to drive should I need to when he was driving. I asked her where that was written and she gave me the Title and section in the VA code. So I looked that up online and even read everywhere else in the entire motor vehicles law section to find anything to answer my question. The only thing the Code says is what I said in my first post "...when accompanied by any licensed driver 21 years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister 18 years of age or older. The accompanying person shall be (i) alert, able to assist the driver, and actually occupying a seat beside the driver or, for motorcycle instruction, providing immediate supervision from a separate accompanying motor vehicle and (ii) lawfully permitted to operate the motor vehicle or accompanying motorcycle at that time." My interpretation of "lawfully permitted to operate the motor vehicle ...at that time" says that he should be able to practice driving with me beside him so long as it's when I am lawfully permitted to drive. Having said all that....I will call back and talk to someone else at the DMV and see if I can get a solid yes or no answer rather than the first girl's uncertain answer. Thanks.

 

[Zigner]

I did call the DMV and the girl on the phone said she wasn't sure and she'd have to check and put me on hold. When she got back on the phone, she said it appeared that I couldn't be the accompanying adult driver because I would have to be able to drive should I need to when he was driving. I asked her where that was written and she gave me the Title and section in the VA code. So I looked that up online and even read everywhere else in the entire motor vehicles law section to find anything to answer my question. The only thing the Code says is what I said in my first post "...when accompanied by any licensed driver 21 years of age or older or by his parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother, or step-sister 18 years of age or older. The accompanying person shall be (i) alert, able to assist the driver, and actually occupying a seat beside the driver or, for motorcycle instruction, providing immediate supervision from a separate accompanying motor vehicle and (ii) lawfully permitted to operate the motor vehicle or accompanying motorcycle at that time." My interpretation of "lawfully permitted to operate the motor vehicle ...at that time" says that he should be able to practice driving with me beside him so long as it's when I am lawfully permitted to drive. Having said all that....I will call back and talk to someone else at the DMV and see if I can get a solid yes or no answer rather than the first girl's uncertain answer. Thanks.

Well, let's really look at it. You have a restricted license which allows YOU to drive from place to place. If your child is driving, then YOU are NOT driving, which means your license is not valid. So, at the time your child is driving, YOU are not properly licensed to drive.

ETA: Instead of the non-legal folks at the DMV, why don't you call a local traffic attorney? You might have to pay for a little bit of research time.