The operator of any motor vehicle, trailer, or semitrailer being operated on the highways in the Commonwealth shall have in his possession: (i) the physical registration card issued by the Department or the registration card issued by the state or country in which the motor vehicle, trailer, or semitrailer is registered and (ii) his driver's license, learner's permit, or temporary driver's permit.
The owner or operator of any motor vehicle, trailer, or semitrailer shall stop on the signal of any law-enforcement officer who is in uniform or shows his badge or other sign of authority and shall, on the officer's request, exhibit his registration card, driver's license, learner's permit, or temporary driver's permit and write his name in the presence of the officer, if so required, for the purpose of establishing his identity.
Every person licensed by the Department as a driver or issued a learner's or temporary driver's permit who fails to carry his license or permit, and the registration card for the vehicle which he operates, is guilty of a traffic infraction and upon conviction punished by a fine of $10. However, if any person summoned to appear before a court for failure to display his license, permit, or registration card presents, before the return date of the summons, to the court a license or permit issued to him prior to the time the summons was issued or a registration card, as the case may be, or appears pursuant to the summons and produces before the court a license or permit issued to him prior to the time the summons was issued or a registration card, as the case may be, he shall, upon payment of all applicable court costs, have complied with the provisions of this section.
Code 1950, §§ 46-15, 46-80; 1958, c. 541, § 46.1-7; 1964, c. 205; 1972, c. 362; 1978, cc. 500, 605; 1984, c. 780; 1988, c. 74; 1989, c. 727; 2008, cc. 551, 691; 2009, c. 756; 2022, c. 183.
Notes of Decisions
Cited in
37
cases (
3 in the last 5 years), 1991–2025 · leading case:
McCain v. Commonwealth, 545 S.E.2d 541 (Va. 2001).
McCain v. Commonwealth, 545 S.E.2d 541 (Va. 2001).
· cites it 4× “There, the Court of Appeals held that “the exercise of police power pursuant to Code § 46.2-104, the act of requiring a person who has been operating a motor vehicle upon the public highways to produce an operator’s license, is a restraint upon the individual’s freedom of…”
Carson v. Commonwealth, 404 S.E.2d 919 (Va. Ct. App. 1991).
· cites it 8× “” Code § 46.2-104. Although an officer’s authority to stop a motor vehicle is limited by the fourth amendment and by Virginia statutes, see Code §§ 19.”
Carson v. Commonwealth, 421 S.E.2d 415 (Va. 1992).
· cites it 8× “2-104 states, in part: The owner or operator of any motor vehicle, trailer, or semitrailer shall stop on the signal of any law-enforcement officer who is in uniform or shows his badge or other sign of authority and shall, on the officer's request, exhibit his registration card,…”
McLellan v. Commonwealth, 554 S.E.2d 699 (Va. Ct. App. 2001).
· cites it 4× “Rejecting this argument, the Supreme Court held: *153 In the present case, Officer Thomas did not observe McCain operating a motor vehicle and did not require him to produce a driver’s license pursuant to Code § 46.2-104. Instead, Thomas approached McCain’s vehicle, which was…”
Armstead v. Commonwealth, 695 S.E.2d 561 (Va. Ct. App. 2010).
· cites it 2× “See Code § 46.2-104. Gant fully supports this reasoning by citing with approval State v.”
Brown v. Commonwealth, 440 S.E.2d 619 (Va. Ct. App. 1994).
· cites it 4× “See Code § 46.2-104 (requiring operator on officer’s request to exhibit license); Brown v.”
Toliver v. Commonwealth, 473 S.E.2d 722 (Va. Ct. App. 1996).
· cites it 4× “See Code § 46.2-104; Brown v. Commonwealth, 17 Va.”
Deer v. Commonwealth, 441 S.E.2d 33 (Va. Ct. App. 1994).
· cites it 2× “1 From the record it does not appear that Thomas cited Deer for failure to carry a license, Code § 46.2-104, nor is it clear whether Deer actually had a driver’s license.”
Sykes v. Commonwealth, 556 S.E.2d 794 (Va. Ct. App. 2001).
· cites it 2× “Like McCain, appellant was not seen driving a vehicle nor was he asked for identification pursuant to Code § 46.2-104. Only one officer approached McCain, as only Goldman approached appellant.”
Thomas v. Commonwealth, 701 S.E.2d 87 (Va. Ct. App. 2010).
· cites it 2× “With respect to drivers, Code § 46.2-104 requires a motor vehicle operator to "exhibit his registration card, [and] driver’s license” upon the officer's request.”
Sheppard v. Commonwealth, 489 S.E.2d 714 (Va. Ct. App. 1997).
· cites it 4× “Code § 46.2-104 provides, in pertinent part: The owner or operator of any motor vehicle, trailer, or semi-trailer shall stop on the signal of any law-enforcement officer who is in uniform or shows his badge or other sign of authority and shall, on the officer's request, exhibit…”
Richmond v. Commonwealth, 468 S.E.2d 708 (Va. Ct. App. 1996).
· cites it 2× “Furthermore, as a practical matter, if appellant left the scene in his vehicle while Deputy Sizemore had his driver’s license, appellant would have violated Code § 46.2-104, which prohibits a vehicle operator from driving without a license.”
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