Virginia Underage or Unlicensed School Bus Driver: Fines, Points & What to Do

A school bus may be the most closely watched vehicle on any Virginia road. Drivers around it have to stop for its red lights, and the people behind its wheel have to meet stricter requirements than almost anyone else: a minimum age, a special examination, and — for most full-size buses — a commercial driver's license with a school bus endorsement.

When those requirements aren't met, the driver can be ticketed, and the conviction adds DMV demerit points to the very record a school division reviews before it lets someone drive children. This post covers Virginia Code § 46.2-919 (age limit) and § 46.2-339 (school bus operator qualifications), the fines and points, how they affect insurance and employment, and what to do next.

What Is an Underage or Unlicensed School Bus Driver Violation in Virginia?

Virginia law covers two separate problems:

• Driving a school bus under age — Va. Code § 46.2-919. It is unlawful for any person under 18, “whether licensed or not,” to drive a motor vehicle while it's being used as a school bus to transport pupils.

• Driving a school bus without the required license — Va. Code § 46.2-339. No one may operate a school bus on a Virginia highway unless they have reasonable driving experience and have passed a special examination on operating a school bus safely. If the bus is a commercial motor vehicle, the driver must also hold a CDL with the proper class and endorsements.

Under Virginia Code § 46.2-341.16, the school bus endorsement is Type S — required for school buses carrying 16 or more passengers, including the driver. Most of those buses are also commercial motor vehicles, which means the driver needs a CDL under § 46.2-341.7 as well.

There's one training exception: someone holding a valid CDL or CLP may practice in a school bus that is a CMV with no pupils aboard, under direct supervision of a driver who holds a CDL with a school bus endorsement. For other bus-related rules, see our posts on passing a stopped school bus and Virginia CDL violations.

Fines & DMV Demerit Points

• Fine: Neither § 46.2-919 nor § 46.2-339 sets its own penalty, so each falls under Virginia Code § 46.2-113 — a traffic infraction punishable by a fine of up to $250 (the Class 4 misdemeanor maximum under § 18.2-11), plus court costs.

• Demerit points: Virginia DMV assigns 3 demerit points for “driving school bus under age” and 3 demerit points for “driving school bus without license.”

• Record retention: Each conviction stays on your Virginia driving record for 3 years.

• Stacked charges: If the bus was a commercial motor vehicle and the driver had no CDL, a separate CDL charge under § 46.2-341.7 — itself a serious traffic violation — can come with it. A driver with no license at all faces a Class 2 misdemeanor under § 46.2-300.

Responsibility doesn't stop with the driver. Virginia also penalizes owners and supervisors who let unlicensed people drive — see permitting an unlicensed driver in Virginia.

Virginia DMV sends an advisory letter at 8 points in 12 months (or 12 in 24), requires a driver improvement clinic at 12 points in 12 months (or 18 in 24), and suspends your driving privilege for 90 days at 18 points in 12 months (or 24 in 24). Demerit points stay active for two years from the date of the offense. See where you stand with our Virginia safe driving point system guide.

Offset 3 demerit points with 5 safe-driving points — enroll in the ABC course

How It Affects Car Insurance — and Your Job

Your personal auto insurer sees the same Virginia record, so a 3-point conviction can affect your rate at renewal. How much depends on the company. See how Virginia traffic tickets affect insurance rates.

For school bus drivers, the employment rules matter even more. Under Virginia Code § 22.1-178, a school board may not hire someone to drive pupils unless they have reached age 18 by the first day of the school year, have passed the § 46.2-339 examination, and furnish DMV records showing — among other things — that within the preceding 12 months they haven't been convicted of two or more moving traffic violations or been required by DMV to attend a driver improvement clinic. Those records must be furnished every year as a condition of continued employment.

A DMV-approved driver improvement course adds 5 safe-driving points to your DMV record. Safe-driving points offset demerit points in Virginia's point system, though they don't remove a conviction from your record. Taking a course voluntarily is different from being required by DMV to attend a clinic, which is what § 22.1-178 counts.

What to Do After a School Bus Licensing Ticket

1. Contest it if the facts don't fit. Was the vehicle actually in use as a school bus transporting pupils? Did you hold the required endorsement or permit at the time, or were you in a supervised, no-pupils training run? Bring documents to court, and consider a traffic attorney. See how to get a Virginia traffic ticket dismissed.

2. Understand what paying means. Prepaying is a guilty plea. It puts the conviction and 3 points on your record and may count as a moving violation in your employer's annual review. CDL holders also can't have convictions masked or deferred. Compare your options in our Virginia traffic ticket plea options guide.

3. Take the driver improvement course. An 8-hour DMV-approved course adds 5 safe-driving points and helps keep you below DMV's advisory and clinic thresholds — and away from a DMV-ordered clinic that would affect school bus eligibility. See driver improvement for CDL holders.

4. Monitor your record and finish your qualifications. Check your Virginia driving record after the case closes, then complete the school bus examination, your CDL, and the S endorsement (plus entry-level driver training where required) before you drive pupils again.

Which ABC course code applies to you?

When you register, you'll pick a course code that matches why you're taking the driver improvement course. Choosing the right one makes sure your completion is reported correctly.

Not sure which fits? If you're taking the course on your own to add safe-driving points or earn an insurance discount, choose VOL or INS. If a judge ordered it, choose YCT or NCT based on whether points are involved. If the DMV ordered it, choose DMV.

Frequently Asked Questions

How old do you have to be to drive a school bus in Virginia? At least 18. Va. Code § 46.2-919 makes it unlawful for anyone under 18 to drive a vehicle in use as a school bus, and § 22.1-178 requires school bus drivers to be 18 by the first day of the school year.

Do you need a CDL to drive a school bus in Virginia? If the bus is a commercial motor vehicle — for example, designed to carry 16 or more passengers including the driver — yes. You need a CDL with the right class and the Type S school bus endorsement under § 46.2-341.16, and you must also pass the school bus examination required by § 46.2-339.

How many points is driving a school bus without a license in Virginia? Virginia DMV assigns 3 demerit points for driving a school bus without a license and 3 points for driving a school bus under age. Each conviction stays on your record for 3 years.

Keep Your Record Bus-Ready

School divisions check your driving record every year. The ABC Driving Improvement course is 100% online, DMV-approved, and self-paced, and it adds 5 safe-driving points to your Virginia record.

Enroll today for $74.99. The course is DMV-approved and protected by our 30-day money-back guarantee — there's nothing to lose by starting now.

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