Thank you for the opportunity for New Virginia Majority (NVM) and Tenants and Workers United (TWU) to submit a public comment related to the Obtaining A New Driver Privilege Card/Obtención de una Tarjeta de Privilegio de Conductor en Virginia guidance document. We greatly appreciate all of the work that the Department of Motor Vehicles (DMV) is doing to ensure a smooth implementation of driver privilege cards in Virginia. Our comments reflect feedback from our members and staff and are organized into three categories: proof of identity, out-of-state driver's license, and professional translator requirement.  

Proof of Identity

The guidance document stipulates that an applicant must, “...present at least one document from List A. The second proof of identity may come from either List A or List B. Document(s) submitted from List A and B must show your full legal name. Documents submitted from List A must also show your date of birth.” We recommend adding additional proof documents to List A to remove unintended barriers for driver privilege card (DPC) applicants. Many of our members, who are eligible for a DPC, do not have or can not easily obtain several of the documents outlined in List A such as: 

• Employment Authorization Document

• Consular identification document issued by country of citizenship, 

• U.S. Permit to Reenter Travel Document (I-327),  

• U.S. B1/B2 Visa Border Crossing Card  Refugee Travel Document (I-571) 

• U.S. Active Duty/Retiree/Reservist/Dependent Military ID card (DD-2 or Common Access card)  Transportation Workers Identification Credential (TWIC)  

• U.S. Merchant Mariner's card  

• U.S. Customs and Border Protection FAST card  

• Veteran identification card issued by Virginia Department of Motor Vehicles 

As a result, the two main options that our members have will be to provide a driver’s license, driver privilege card or identification card, with security features, issued by a U.S. state, U.S. territory or foreign country or a foreign passport, both of which may not be expired for more than 5 years. 

Additionally, many of our members have been significantly impacted by Covid-19 and the recession. If our members do not have any of the documents listed above or a driver’s license or a driver privilege card or identification card, issued by a U.S. state, U.S. territory or foreign country, and only have a foreign passport that has been expired longer than five years, we are concerned about their ability to pay the steep reissuing fees. Expanding the list of acceptable documents in List A, by including additional documents that may be more easily accessible or readily available to DPC applicants, will help address this issue. 

Out-of-state Driver's License 

The DMV’s website (https://www.dmv.virginia.gov/drivers/#driver_privilege_card.asp) provides critical information for DPC applicants who possess a valid out-of-state driver’s license that is not included in the guidance document. It states, “If you are from out-of-state and possess a valid driver's license, DMV may exchange your out-of-state driver's license for a Virginia driver's license if you meet the identity, residency, reported income and deductions, social security requirements and Virginia's driver education requirements, if applicable. If you provide verifiable evidence that you hold or have held a license from any U.S. state, U.S. territory or foreign country, you will not be required to hold a learner's permit for 60 days. You may still be required to take the knowledge exam and road skills test.” 

This is a key topic that our members want to discuss as they prepare to submit DPC applications in 2021 and will likely be a key question that community-based organizations like NVM and TWU may encounter, as they assist DPC applicants. As such, we believe this information should be included in the guidance document to reiterate this process. 

Professional Translation Requirement

The requirements outlined in the guidance document stipulate that, “documents in a foreign language must be accompanied by a certified English translation by a professional translator in order to be accepted.” However, neither the guidance document or the enabling legislation, define who is a professional translator. Given the ambiguity and the fact that this is not a requirement, as outlined in the enabling legislation, we recommend removing the “professional translator” language. Instead, we recommend that the guidance document provide examples of the types of  individuals, organizations, or services that can provide the needed translation services. This will provide clarity, avoid unnecessary confusion, and remove a potential barrier for DPC applicants. 

Please do not hesitate to contact us if you have any questions regarding our comment or need any additional information. 

Thank you, 

Kenneth Gilliam, Jr. 

Policy Director, New Virginia Majority

Evelin Urrutia

Executive Director, Tenants and Workers United   

New Virginia Majority builds power in working-class communities of color, in immigrant communities, among LGBTQ people, women, youth, and progressives across the Commonwealth. We organize for racial and economic justice through large-scale political education, mobilization and advocacy around dozens of issues. We fight for a Virginia that is just, democratic and environmentally sustainable.

Tenants and Workers United, organizes low-income communities of color -- low-wage workers, immigrants, women, and youth -- to build power so people can become change agents in their own lives by addressing the issues they care about. We advance racial, economic, and social justice by fighting for education, housing, and immigrants' rights.