Bill Text: VA SB353 | 2024 | Regular Session | Chaptered
Bill Title: Commercial driver's licenses & learner's permits; definitions, training, drug & alcohol violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-03-20 - Governor: Acts of Assembly Chapter text (CHAP0121) [SB353 Detail]
Download: Virginia-2024-SB353-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§46.2-341.4, 46.2-341.12, 46.2-1700, and 46.2-1708 of the Code of Virginia are amended and reenacted as follows:
§46.2-341.4. Definitions.
As used in this article, unless the context requires a different meaning:
"Air brake" means any braking system operating fully or partially on the air brake principle.
"Applicant" means an individual who applies to obtain, transfer, upgrade, or renew a commercial driver's license or to obtain or renew a commercial learner's permit.
"Automatic transmission" means, for the purposes of the skills test and the restriction, any transmission other than a manual transmission.
"CDLIS driver record" means the electronic record of the individual commercial driver's status and history stored by the State of Record as part of the Commercial Driver's License Information System (CDLIS).
"Commercial driver's license" means any driver's license issued to a person in accordance with the provisions of this article, or if the license is issued by another state, any license issued to a person in accordance with the federal Commercial Motor Vehicle Safety Act, which authorizes such person to drive a commercial motor vehicle of the class and type and with the restrictions indicated on the license.
"Commercial driver's license information system" or "CDLIS" means the commercial driver's license information system established by the Federal Motor Carrier Safety Administration pursuant to § 12007 of the Commercial Motor Vehicle Safety Act of 1986.
"Commercial learner's permit" means a permit issued to an individual in accordance with the provisions of this article or, if issued by another state, a permit issued in accordance with the standards contained in the Federal Motor Carrier Safety Regulations, which, when carried with a valid driver's license issued by the same state or jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid commercial driver's license for purposes of behind-the-wheel training. When issued to a commercial driver's license holder, a commercial learner's permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current commercial driver's license is not valid.
"Commercial motor vehicle" means, except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds, whichever is greater; (ii) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, whichever is greater, inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.
The following are excluded from the definition of commercial motor vehicle:
1. Any vehicle when used by an individual solely for his own personal purposes, such as personal recreational activities;
2. Any vehicle that (i) is controlled and operated by a farmer, whether or not it is owned by the farmer, and that is used exclusively for farm use, as provided in §§46.2-649.3 and 46.2-698; (ii) is used to transport either agricultural products, farm machinery, or farm supplies to or from a farm; (iii) is not used in the operation of a common or contract motor carrier; and (iv) is used within 150 miles of the farmer's farm;
3. Any vehicle operated for military purposes by (i) active duty military personnel; (ii) members of the military reserves; (iii) members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), but not U.S. Reserve technicians; and (iv) active duty U.S. Coast Guard personnel; or
4. Emergency equipment operated by a member of a firefighting, rescue, or emergency entity in the performance of his official duties.
"Commercial Motor Vehicle Safety Act" means the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of P.L. 99-570, as amended.
"Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail, or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of a motor vehicle, a civil or an administrative determination of a violation. For the purposes of this definition, an administrative determination includes an unvacated certification or finding by an administrative or authorized law-enforcement official that a person has violated a provision of law.
"Disqualification" means a prohibition against driving, operating, or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body.
"Domicile" means a person's true, fixed, and permanent home and principal residence, to which he intends to return whenever he is absent.
"Employee" means a payroll employee or person employed under lease or contract, or a person who has applied for employment and whose employment is contingent upon obtaining a commercial driver's license.
"Employer" means a person who owns or leases commercial motor vehicles and assigns employees to drive such vehicles.
"Endorsement" means an authorization to an individual's commercial driver's license or commercial learner's permit required to permit the individual to operate certain types of commercial motor vehicles.
"Entry-level driver" means an individual who (i) must complete the commercial driver's license skills test requirements under FMCSA regulations prior to receiving a commercial driver's license for the first time, (ii) is upgrading to a Class A or Class B commercial driver's license for the first time, or (iii) is obtaining a hazardous materials, passenger, or school bus endorsement for the first time. This definition does not include individuals exempt from such requirements under 49 C.F.R. §380.603.
"Entry-level driver training" means training an entry-level driver receives from an entity listed on the FMCSA's Training Provider Registry, as provided for in 49 C.F.R. §380.700 et seq., prior to taking the (i) commercial driver's license skills test required to (a) receive a commercial driver's license for the first time, (b) receive the Class A or Class B commercial driver's license for the first time, (c) upgrade to a Class A or B commercial driver's license for the first time, or (d) obtain a passenger or school bus endorsement for the first time or (ii) commercial driver's license knowledge test required to obtain a hazardous materials endorsement for the first time.
"FMCSA" means the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation.
"Full air brake" means any braking system operating fully on the air brake principle.
"Gross combination weight rating" means the value specified by the manufacturers of an articulated vehicle or combination of vehicles as the maximum loaded weight of such vehicles. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross combination weight rating shall be the greater of (i) the gross vehicle weight rating of the power units of the combination vehicle plus the total weight of the towed units, including any loads thereon, or (ii) the gross weight at which the articulated vehicle or combination of vehicles is registered in its state of registration; however, the registered gross weight shall not be applicable for determining the classification of an articulated vehicle or combination of vehicles for purposes of skills testing pursuant to §46.2-341.14 or 46.2-341.16.
"Gross vehicle weight rating" means the value specified by the manufacturer of the vehicle as the maximum loaded weight of a single vehicle. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross vehicle weight rating shall be the greater of (i) the actual gross weight of the vehicle, including any load thereon, or (ii) the gross weight at which the vehicle is registered in its state of registration; however, the registered gross weight of the vehicle shall not be applicable for determining the classification of a vehicle for purposes of skills testing pursuant to §46.2-341.14 or 46.2-341.16.
"Hazardous materials" means materials designated to be hazardous in accordance with §103 of the federal Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq., as amended, and which require placarding when transported by motor vehicle as provided in the federal Hazardous Materials Regulations, 49 C.F.R. Part 172, Subpart F; it also includes any quantity of any material listed as a select agent or toxin in federal Public Health Service Regulations at 42 C.F.R. Part 73.
"Manual transmission," also known as a stick shift, stick, straight drive, or standard transmission, means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot.
"Noncommercial driver's license" means any other type of motor vehicle license, such as an automobile driver's license, a chauffeur's license, or a motorcycle license.
"Nondomiciled commercial learner's permit" or "nondomiciled commercial driver's license" means a commercial learner's permit or commercial driver's license, respectively, issued to a person in accordance with the provisions of this article or, if issued by another state, under either of the following two conditions: (i) to an individual domiciled in a foreign jurisdiction that does not test drivers and issue commercial driver's licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor Carrier Safety Regulations or (ii) to an individual domiciled in another state while that state is prohibited from issuing commercial driver's licenses in accordance with decertification requirements of 49 C.F.R. § 384.405.
"Out-of-service order" or "out-of-service declaration" means an order by a judicial officer pursuant to § 46.2-341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized law-enforcement officer under §46.2-1001 or regulations promulgated pursuant to §52-8.4 relating to Motor Carrier Safety, and including similar actions by authorized judicial officers or enforcement officers acting pursuant to similar laws of other states, the United States, the Canadian Provinces, Canada, Mexico, and localities within them, and also including actions by federal or other jurisdictions' officers pursuant to Federal Motor Carrier Safety Regulations, that a driver, a commercial motor vehicle, or a motor carrier is out of service. Such order or declaration as to a driver means that the driver is prohibited from operating a commercial motor vehicle for the duration of the out-of-service period. Such order or declaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted in the order or declaration has been removed and the vehicle has been cleared for further operation. Such order or declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-of-service order or declaration has been lifted. For purposes of this article, the provisions of the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 390 through 397, including such regulations or any substantially similar regulations as may have been adopted by any state of the United States, the Provinces of Canada, Canada, Mexico, or any locality shall be considered laws similar to the laws of the Commonwealth referenced herein.
"Person" means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board.
"Restriction" means a prohibition on a commercial driver's license or commercial learner's permit that prohibits the holder from operating certain commercial motor vehicles.
"Seasonal restricted commercial driver's license" means a commercial driver's license issued under the authority of the waiver promulgated by the federal Department of Transportation (49 C.F.R. §383.3) by the Commonwealth or any other jurisdiction to an individual who has not passed the knowledge or skills tests required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a farm service business, within 150 miles of the place of business or the farm currently being served.
"State" means one of the 50 states of the United States or the District of Columbia.
"Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons as provided in 49 C.F.R. Part 383. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.
"Third party examiner" means an individual who is an employee of a third party tester and who is certified by the Department to administer tests required for a commercial driver's license.
"Third party instructor" means an individual who is an employee of a third party tester or a training provider and who (i) is authorized by the Department to provide entry-level driver training required for a commercial driver's license and (ii) meets the requirements for either a theory or behind-the-wheel instructor as defined in §46.2-1700.
"Third party tester" means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 (§23.1-2900 et seq.) of Title 23.1, or a department, agency, or instrumentality of a local government) certified by the Department to employ third party examiners to administer a test program for testing commercial driver's license applicants in accordance with this article.
"Training provider" means a person that provides entry-level driver training and that is (i) a Virginia licensed Class A driver training school or a Virginia certified third party tester and is listed on the federal Training Provider Registry or (ii) an entity that is otherwise licensed, certified, registered, or authorized to provide training in accordance with the laws of the Commonwealth or the applicable laws of another state and is listed on the federal Training Provider Registry.
"VAMCSR" means the Virginia Motor Carrier Safety Regulations (19VAC30-20) adopted by the Department of State Police pursuant to §52-8.4.
§46.2-341.12. Application for commercial driver's license or commercial learner's permit.
A. No entry-level driver shall be eligible to (i) apply for a Virginia Class A or Class B commercial driver's license for the first time, (ii) upgrade to a Class A or Class B commercial driver's license for the first time, or (iii) apply for a hazardous materials, passenger, or school bus endorsement for the first time, unless he has completed an entry-level driver training course related to the license, classification, or endorsement he is applying for and the training is provided by a training provider. An individual is not required to complete an entry-level driver training course related to the license, classification, or endorsement he is applying for if he is exempted from such requirements under 49 C.F.R. §380.603.
B. Every application to the Department for a commercial driver's license or commercial learner's permit shall be made upon a form approved and furnished by the Department, and the applicant shall write his usual signature in ink in the space provided. The applicant shall provide the following information:
1. Full legal name;
2. Current mailing and residential addresses;
3. Physical description including sex, height, weight, and eye and hair color;
4. Year, month, and date of birth;
5. Social security number;
6. Domicile or, if not domiciled in the Commonwealth, proof of status as a member of the active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary pursuant to 49 U.S.C. §31311(a)(12); and
7. Any other information required on the application form.
Applicants shall be permitted to choose between "male," "female," or "non-binary" when designating the applicant's sex on the commercial driver's license or commercial learner's permit application form.
The applicant's social security number shall be provided to the Commercial Driver's License Information System as required by 49 C.F.R. § 383.153.
C. Every applicant for a commercial driver's license or commercial learner's permit shall also submit to the Department the following:
1. A consent to release driving record information;
2. Certifications that:
a. He either meets the federal qualification requirements of 49 C.F.R. Parts 383 and 391, or he is exempt from or is not subject to such federal requirements;
b. He either meets the state qualification requirements established pursuant to §52-8.4, or he is exempt from or is not subject to such requirements;
c. The motor vehicle in which the applicant takes the skills test is representative of the class and, if applicable, the type of motor vehicle for which the applicant seeks to be licensed;
d. He is not subject to any disqualification, suspension, revocation or cancellation of his driving privileges;
e. He does not have more than one driver's license;
3. Other certifications required by the Department;
4. Any evidence required by the Department to establish proof of identity, citizenship or lawful permanent residency, domicile, and social security number notwithstanding the provisions of §46.2-328.1 and pursuant to 49 C.F.R. Part 383;
5. A statement indicating whether (i) the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years and, if so, all states that licensed the applicant and the dates he was licensed, and (ii) whether or not he has ever been disqualified, or his license suspended, revoked or canceled and, if so, the date of and reason therefor; and
6. An unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant's most recent admittance into the United States for persons applying for a nondomiciled commercial driver's license or nondomiciled commercial learner's permit.
D. Every application for a commercial driver's license shall include a photograph of the applicant supplied under arrangements made therefor by the Department in accordance with §46.2-323.
E. The Department shall disqualify any commercial driver for a period of one year when the records of the Department clearly show to the satisfaction of the Commissioner that such person has made a material false statement on any application or certification made for a commercial driver's license or commercial learner's permit. The Department shall take such action within 30 days after discovering such falsification.
F. The Department shall review the driving record of any
person who applies for a Virginia commercial driver's license or commercial
learner's permit, for the renewal or reinstatement of such license or permit or
for an additional commercial classification or endorsement, including the
driving record from all jurisdictions where, during the previous 10 years, the
applicant was licensed to drive any type of motor vehicle. Such review shall
include checking the photograph on record whenever the applicant or holder
appears in person to renew, upgrade, transfer, reinstate, or obtain a duplicate
commercial driver's license or to renew, upgrade, reinstate, or obtain a
duplicate commercial learner's permit. If appropriate, the Department shall
incorporate information from such other jurisdictions' records into the
applicant's Virginia driving record, and shall make a notation on the
applicant's driving record confirming that such review has been completed and
the date it was completed. The Department's review shall include (i) research
through the Commercial Driver Driver's License Information System
established pursuant to the Commercial Motor Vehicle Safety Act and the
National Driver Register Problem Driver Pointer System in addition to the
driver record maintained by the applicant's previous jurisdictions of licensure
and (ii) requesting information from the Drug and Alcohol Clearinghouse in
accordance with 49 C.F.R. §382.725. This research shall be completed prior to
the issuance, renewal, transfer, or reinstatement of a commercial learner's
permit, commercial driver's license or additional commercial classification
or endorsement.
1. If the information the Department receives from the Drug and Alcohol Clearinghouse indicates that the applicant is prohibited from operating a commercial motor vehicle, the Department shall deny the application. If the applicant currently holds a commercial driver's license or a commercial learner's permit, the Department must initiate a CDL downgrade of the applicant's commercial driver's license or commercial learner's permit as defined in 49 C.F.R. §383.5.
2. If the FMCSA notifies the Department that an existing holder of a commercial driver's license or commercial learner's permit is prohibited from operating a commercial motor vehicle pursuant to 49 C.F.R. § 382.501(a), the Department shall initiate a CDL downgrade of the driver's commercial driver's license or commercial learner's permit as defined in 49 C.F.R. §383.5 and record the CDL downgrade on the driver's record on the Commercial Driver's License Information System within 60 days of receiving the notification.
3. If the FMCSA notifies the Department that an existing holder of a commercial driver's license or commercial learner's permit was erroneously identified as prohibited from operating a commercial motor vehicle, the Department shall both reinstate the driver's commercial driver's license or commercial learner's permit privilege and remove any reference to the driver's erroneous prohibited status from the driver's record on the Commercial Driver's License Information System as expeditiously as possible, but no later than 10 days from receiving such notification from the FMCSA.
G. The Department shall verify the name, date of birth, and social security number provided by the applicant with the information on file with the Social Security Administration for initial issuance of a commercial learner's permit or transfer of a commercial driver's license from another state. The Department shall make a notation in the driver's record confirming that the necessary verification has been completed and noting the date it was done. The Department shall also make a notation confirming that proof of citizenship or lawful permanent residency has been presented and the date it was done.
G. H. Every new applicant for a commercial
driver's license or commercial learner's permit, including any person applying
for a commercial driver's license or permit after revocation of his driving
privileges, who certifies that he will operate a commercial motor vehicle in
non-excepted interstate or intrastate commerce shall provide the Department
with an original or certified copy of a medical examiner's certificate prepared
by a medical examiner as defined in 49 C.F.R. §390.5. Upon receipt of an
appropriate medical examiner's certificate, the Department shall post a
certification status of "certified" on the driver's record
of the driver on the Commercial Driver's License Information System. Any
new applicant for a commercial driver's license or commercial learner's permit
who fails to comply with the requirements of this subsection shall be denied
the issuance of a commercial driver's license or commercial learner's permit by
the Department.
H. I. Every existing holder of a commercial
driver's license or commercial learner's permit who certifies that he will
operate a commercial motor vehicle in non-excepted interstate or intrastate
commerce shall provide the Department with an original or certified copy of a
medical examiner's certificate prepared by a medical examiner as defined in 49
C.F.R. §390.5. Upon receipt of an appropriate medical examiner's certificate,
the Department shall post a certification status of "certified" and
any other necessary information on the driver's record of the driver
on the Commercial Driver's License Information System. If an existing holder of
a commercial driver's license fails to provide the Department with a medical
certificate as required by this subsection, the Department shall post a
certification status of "noncertified" on the driver's record
of the driver on the Commercial Driver's License Information System and
initiate a CDL downgrade of his commercial driver's license as defined
in 49 C.F.R. §383.5.
I. J. Any person who provides a medical
certificate to the Department pursuant to the requirements of subsections G
and H and I shall keep the medical certificate information current
and shall notify the Department of any change in the status of the medical
certificate. If the Department determines that the medical certificate is no
longer valid, the Department shall initiate a CDL downgrade of the
driver's commercial driver's license as defined in 49 C.F.R. §383.5.
J. K. If the Department receives notice that the
holder of a commercial driver's license has been issued a medical variance as
defined in 49 C.F.R. §390.5, the Department shall indicate the existence of
such medical variance on the commercial driver's license document of the driver
and on the driver's record of the driver on the Commercial
Driver's License Information System using the restriction code "V."
K. L. Any holder of a commercial driver's
license who has been issued a medical variance shall keep the medical variance
information current and shall notify the Department of any change in the status
of the medical variance. If the Department determines that the medical variance
is no longer valid, the Department shall initiate a CDL downgrade of the
driver's commercial driver's license as defined in 49 C.F.R. §383.5.
L. M. Any applicant applying for a hazardous
materials endorsement must comply with Transportation Security Administration
requirements in 49 C.F.R. Part 1572. A lawful permanent resident of the United
States requesting a hazardous materials endorsement must additionally provide
his U.S. Citizenship and Immigration Services (USCIS) alien registration
number.
M. N. Notwithstanding the provisions of §
46.2-208, the Department may release to the FMCSA medical information relating
to the issuance of a commercial driver's license or a commercial learner's
permit collected by the Department pursuant to the provisions of subsections F,
G, H, I, and J, and K.
§46.2-1700. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Behind-the-wheel instructor" means an individual who meets the requirements for licensure under §46.2-1708 and is employed by a training provider who provides behind-the-wheel training involving the actual operation of a commercial motor vehicle by an entry-level driver on a range or a public road.
"Behind-the-wheel training" means training provided by a licensed behind-the-wheel instructor when an entry-level driver has actual control of the power unit during a driving lesson conducted on a range or on a public road. "Behind-the-wheel training" does not include time an entry-level driver spends observing the operation of a commercial motor vehicle when he is not in control of the vehicle.
"Class A licensee" means a driver training school that provides entry-level driver training in the operation of commercial motor vehicles as defined in §46.2-341.4.
"Class B licensee" means a driver training school that provides training in the operation of any type of motor vehicle other than motorcycles and commercial motor vehicles as defined in §46.2-341.4.
"Computer-based driver education course" means the classroom portion of driver education offered by a computer-based driver education provider through the Internet or other electronic means approved by the Department whose content and quality is comparable to that of courses offered in the Commonwealth's public schools.
"Computer-based driver education provider" means a driver training school licensed by the Department in accordance with this chapter to conduct computer-based driver education courses.
"Driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services. "Driver training school" or "school" does not mean any institution of higher education, school established pursuant to §46.2-1314, school maintained or classes conducted by employers for their own employees where no fee or tuition is charged, schools or classes owned and operated by or under the authority of bona fide religious institutions, or by the Commonwealth or any political subdivision thereof, training programs for school bus operators established pursuant to §22.1-181, driver education programs established pursuant to §22.1-205, or schools accredited by accrediting associations approved by the Department of Education; however, if any such entity or program excluded from the definition of "driver training school" offers driver education and training through a contractual arrangement with another person for consideration, then that other person shall be considered a driver training school subject to the requirements of this chapter.
"Entry-level driver" means the same as defined in § 46.2-341.4.
"Entry-level driver training" means the same as defined in §46.2-341.4.
"FMCSA" means the same as defined in §46.2-341.4.
"Instructor" means any person, whether acting for himself as operator of a driver training school or for such school for compensation, who teaches, conducts classes, gives demonstrations, or supervises persons learning to operate or drive a motor vehicle.
"Key information" means the training provider name, address, phone number, type or types of training offered, training provider status, and any change in state licensure, certification, or accreditation status.
"Range" means an area that is free of obstructions, enables the driver to maneuver safely and free from interference from other vehicles and hazards, and has adequate sight lines.
"Theory instruction" means knowledge instruction on the operation of a commercial motor vehicle and related matters provided by a licensed theory instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, online training, or similar means.
"Theory instructor" means an individual who meets the requirements for licensure under §46.2-1708 and is employed by a training provider and who provides knowledge instruction on the operation of a commercial motor vehicle.
"Training provider" means the same as defined in § 46.2-341.4.
§46.2-1708. Licenses required for school and instructors.
A. If a A Class A driver training school
elects to provide entry-level driver training to driver trainees, that Class A
driver training school shall not provide such entry-level driver
training in the Commonwealth until it has (i) been licensed to
provide training in the Commonwealth pursuant to this section
chapter and (ii) provided the Commissioner with its unique Training
Provider Registry number issued by FMCSA pursuant to 49 C.F.R. §380.703 in a
form prescribed by the Department.
B. If a To become a Class A driver training
school elects to provide entry-level driver training, upon an
applicant shall include with its application for a Class A license by
such driver training school the applicant driver training school shall also
provide evidence that:
1. The curriculum used for theory instruction and behind-the-wheel training complies with the curriculum requirements prescribed by the Department;
2. The facilities used for entry-level driver training for both theory instruction and behind-the-wheel training comply with all federal and state safety requirements;
3. The instructors employed by the applicant driver training school are licensed under this section;
4. The applicant driver training school (i) uses written assessments that comply with the requirements prescribed by the Department to determine the driver trainee's proficiency in the knowledge objectives of each unit of instruction in the curriculum and (ii) requires driver trainees to achieve an overall minimum score of 80 percent for passage of the theory instruction portion of the course; and
5. The applicant driver training school instructors evaluate and document the driver trainee's proficiency in the behind-the-wheel skills in accordance with the curriculum requirements prescribed by the Department.
C. The Commissioner shall not license a behind-the-wheel instructor or theory instructor unless the applicant provides evidence that his commercial driver's license has not been disqualified, canceled, suspended, or revoked due to any of the disqualifying offenses identified in 49 C.F.R. § 383.51, unless his commercial driver's license was reinstated more than two years prior to the application date, and that he either:
1. Currently holds a commercial driver's license of the same class or higher with all endorsements necessary to operate the commercial motor vehicle for which training will be provided and has at least two years of experience driving a commercial motor vehicle requiring a commercial driver's license of the same or higher class or the same endorsement; or
2. Currently holds a commercial driver's license of the same class or higher with all endorsements necessary to operate the commercial motor vehicle for which training will be provided, and has at least two years of experience as a behind-the-wheel commercial motor vehicle instructor.
D. The Commissioner may issue an order suspending, revoking, cancelling, or denying renewal of a training provider's license, certification, or authorization to provide training effective immediately if the order is based upon the removal of the school from the federal Training Provider Registry pursuant to 49 C.F.R. §380.723. Notice of such order shall be in writing and mailed to the training provider by registered mail to the address as shown on the training provider's most recent application and shall be considered served when mailed. Upon receipt of a request for a hearing appealing such order, the training provider shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The order shall remain in effect pending the outcome of the hearing.
