CHAPTER 60
VIRGINIA COMMERCIAL DRIVER'S LICENSE REGULATIONS (REPEALED)  

Part I
Purpose and Definitions

24VAC20-60-10. Purpose. (Repealed.)

The purpose of this chapter is to establish certain rules and standards which govern the licensing of drivers of commercial motor vehicles by the Department of Motor Vehicles. Part II of this chapter (24VAC20-60-30 et seq.) establishes guidelines for determining whether a new Virginia resident, who holds a commercial drivers license from another state, will be required to take the knowledge and skills tests to obtain a Virginia commercial driver's license. Part III of this chapter (24VAC20-60-50 et seq.) establishes the requirements for obtaining a "nonresident commercial drivers license" in Virginia. Part IV (24VAC20-60-70 et seq.) sets forth special rules for demonstrating that CDL applicants meet the vision standards established for commercial drivers as well as rules for obtaining a waiver of such standards. Part V (24VAC20-60-90 et seq.) sets forth rules and procedures for the administration of third party testing programs, by which persons other than employees of the Department of Motor Vehicles will be permitted to administer the skills test required of commercial driver's license applicants.

24VAC20-60-20. Definitions. (Repealed.)

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"CDL" means a commercial driver's license as defined in Title 46.2 of the Code of Virginia.

"Department" means the Virginia Department of Motor Vehicles.

"DOT" means federal Department of Transportation.

"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 CDL.

"Employer" means a person who owns or leases commercial motor vehicles and assigns employees to drive such vehicles.

"FMCSR" means the Federal Motor Carrier Safety Regulations adopted by the United States Department of Transportation pursuant to the Motor Carrier Safety Act of 1984 (49 U.S.C. § 2501 et seq.).

"Person" means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board.

"Third party tester" means a person certified by the department to administer a skills test program for testing CDL applicants in accordance with this chapter.

"Third party examiner" means an individual who is an employee of a third party tester and who is certified by the department to conduct the skills test required for a CDL.

"VAMCSR" means the Virginia Motor Carrier Safety Regulations (19VAC30-20-10 et seq.) adopted by the Virginia Department of State Police pursuant to § 52-8.4 of the Code of Virginia.

Part II
Waiver of Certain Test Requirements for Persons with Commercial Driver's Licenses from Other States

24VAC20-60-30. Commercial driver's license. (Repealed.)

Any person who holds a valid CDL from another state, who moves to Virginia and who intends to operate commercial motor vehicles, must apply to the department for a Virginia CDL within 30 days after becoming domiciled in Virginia.

Except as provided in 24VAC20-60-40, if the department determines that such applicant is otherwise eligible for a CDL, the department will issue him a Virginia CDL with the same classification and endorsements as his CDL from another state, without requiring him to take the knowledge or skills test required for such CDL.

24VAC20-60-40. Hazardous materials endorsement. (Repealed.)

Any such applicant who seeks to obtain a Virginia CDL with a hazardous materials endorsement will be required to take the hazardous materials knowledge test unless his CDL from another state, which bears a hazardous materials endorsement, was either issued or renewed within the two-year period preceding his application for a Virginia CDL.

Part III
Requirements for "Nonresident CDL" for Persons Domiciled Outside the United States

24VAC20-60-50. Nonresident CDL requirements. (Repealed.)

A. Any person who is (i) domiciled in a jurisdiction outside of the United States which does not have commercial motor vehicle testing and licensing standards that meet the requirements of the Federal Highway Administration, (ii) has resided in Virginia for a minimum of six weeks, and (iii) is employed in a position that requires him to have a CDL, may apply to the department for a "nonresident CDL."

B. Any such person must satisfy all statutory and regulatory requirements for obtaining a CDL and, in addition, must appoint his employer as his agent for the purpose of receiving notices and other legal process from the department.

24VAC20-60-60. [Reserved] (Repealed.)

Part IV
Rules Relating to Vision Requirements for Commercial Driver's License Applicants

24VAC20-60-70. Optional method of demonstrating satisfaction of visual standards for commercial driver's license applicants. (Repealed.)

Any person who applies for a CDL and who is required as a part of his examination to demonstrate that his vision meets the standards of § 46.2-311 B of the Code of Virginia may satisfy that requirement by submitting to the department a copy of the medical examination report form which was used as the basis for the Medical Examiner's Certificate, which is required of most commercial drivers by the FMCSRs and the VAMCSRs. The Medical Examiner's Certificate must also be submitted with the medical examination report form. The provisions of this section shall not limit the department's authority to require an examination pursuant to § 46.2-322 of the Code of Virginia.

24VAC20-60-80. Waiver of vision standards for CDL applicant pursuant to § 46.2-311 E. (Repealed.)

A. The department may waive the vision requirements of § 46.2-311 B for any CDL applicant who either (i) is subject to the FMCSRs, but is exempt from the vision standards of those regulations pursuant to 49 CFR § 391.71, or (ii) is not required to meet the vision standards specified in 49 CFR § 391.41 of the FMCSRs.

B. In order to determine whether such a waiver would unduly endanger the public safety, the department shall require such CDL applicant to submit a special waiver application and to provide all medical information relating to his vision which may be requested by the department. The department may require such CDL applicant to take a road test administered by the department, before determining whether to grant a waiver. If a waiver is granted, the department may subject the applicant's use of a commercial motor vehicle to reasonable restrictions, which shall be noted on the CDL. If a waiver is granted, the department may also limit the validity period of the CDL, and the expiration date shall be noted on the CDL.

Part V
Third Party Skills Testing For Commercial Drivers

24VAC20-60-90. Purpose. (Repealed.)

The purpose of this part is to establish procedures to permit persons other than employees of the department to conduct the skills test required of CDL applicants. Third party testers will be authorized to issue skills test certificates which will be accepted by the department as evidence of satisfaction of the skills test component of the CDL examination. Authority to issue skills test certificates will be granted only to third party testers certified by the department.

24VAC20-60-100. Requirements for third party testers. (Repealed.)

A. To qualify for certification, a third party tester must:

1. Make application to and enter into an agreement with the department as provided in 24VAC20-60-120;

2. Maintain a place of business in Virginia;

3. Have at least one certified third party examiner in his employ;

4. Ensure that all third party examiners in his employ are certified and comply with the requirements of 24VAC20-60-110 and 24VAC20-60-160;

5. Permit the department and the Federal Highway Administration of the Department of Transportation to examine records that relate to the third party testing program and to audit his testing program;

6. Maintain at a Virginia location, for a minimum of two years after a skills test is conducted, a record of each driver for whom the third party tester conducts a skills test, whether or not the driver passes or fails the test. Each such record shall include:

a. The complete name of the driver;

b. The driver's social security number or other driver's license number and the name of the state or jurisdiction that issued the license held by the driver at the time of the test;

c. The date the driver took the skills test;

d. The test score sheet or sheets showing the results of the skills test, and a copy of the skills test certificate, if issued;

e. The name and certification number of the third party examiner conducting the skills test; and

f. Evidence of the driver's employment with the third party tester at the time the test was taken. If the third party tester is a school board which tests drivers who are trained but not employed by the school board, evidence that (i) the driver was employed by a school board at the time of the test, and (ii) the third party tester trained the driver in accordance with the Virginia School Bus Driver Training Curriculum Guide.

7. Maintain at a Virginia location, a record of each third party examiner in the employ of the third party tester. Each record shall include:

a. Name and social security number;

b. Evidence of the third party examiner's certification by the department;

c. A copy of the third party examiner's current driving record, which must be updated annually;

d. Evidence that the third party examiner is an employee of the third party tester; and

e. If the third party tester is a school board, a copy of the third party examiner's certification of instruction, issued by the Virginia Department of Education.

8. Retain the records required in subdivision 7 of this subsection for at least two years after the third party examiner leaves the employ of the third party tester;

9. Ensure that skills tests are conducted, and that skills test certificates are issued in accordance with the requirements of 24VAC20-60-170 and 24VAC20- 60-180 and the instructions provided by the department; and

10. Maintain compliance with all applicable provisions of this chapter and the third party tester agreement executed pursuant to 24VAC20-60-120.

B. In addition to the requirements listed in subsection A of this section, all third party testers who are not governmental entities must:

1. Be engaged in a business involving the use of commercial motor vehicles, which business has been in operation in Virginia for a minimum of one year;

2. Employ at least 75 Virginia licensed drivers of commercial motor vehicles, during the 12-month period preceding the application, including part-time and seasonal drivers. This requirement may be waived by the department pursuant to 24VAC20-60-190;

3. If subject to the FMCSRs and rated by the federal Department of Transportation, maintain a rating of "satisfactory"; and

4. Comply with the VAMCSRs.

24VAC20-60-110. Requirements for third party examiners. (Repealed.)

A. Third party examiners may be certified to conduct skills tests on behalf of only one third party tester at any given time. If a third party examiner leaves the employ of a third party tester he must be recertified in order to conduct skills tests on behalf of a new third party tester.

B. To qualify for certification as a third party examiner, an individual must:

1. Make application to the department as provided in 24VAC20-60-120 of this chapter;

2. Be an employee of the third party tester;

3. Possess a valid Virginia CDL with the classification and endorsements required for operation of the class and type of commercial motor vehicle used in skills tests conducted by the examiner;

4. Satisfactorily complete third party examiner training course(s) required by the department;

5. Within three years prior to application have had no driver's license suspensions, revocations or disqualifications;

6. At the time of application have no more than six demerit points on his driving record and not be on probation under the Virginia Driver Improvement Program;

7. Within three years prior to application, have had no conviction for any offense listed in § 46.2-341.18 or § 46.2-341.19 of the Code of Virginia, whether or not such offense was committed in a commercial motor vehicle;

8. If the examiner is employed by a school board, be certified by the Virginia Department of Education as a school bus training instructor; and

9. Conduct skills tests on behalf of the third party tester, in accordance with this chapter and in accordance with current instructions provided by the department.

24VAC20-60-120. Application for certification by the department. (Repealed.)

A. Application for third party tester certification.

1. An applicant for certification shall provide the following information in a format prescribed by the department:

a. Name and address and telephone number of principal office or headquarters;

b. Name, title, address and telephone number of an individual in Virginia who has been designated to be the applicant's contact person with the department;

c. Description of the vehicle fleet owned or leased by the applicant, including the number of commercial motor vehicles by class and type;

d. Classes and types of commercial motor vehicles for which the applicant seeks to be certified as a third party tester;

e. Total number of Virginia licensed drivers employed during the preceding 12 months to operate commercial motor vehicles, and the number of such drivers who are full time, part-time and seasonal;

f. Name, driver's license number and home address of each employee who is to be certified as a third party examiner. If any employee has previously been certified as an examiner by the department, the examiner's certification number;

g. The address of each Virginia location where the third party tester intends to conduct skills tests, and a map, drawing or written description of each driving course which satisfies the department's requirements for a skills test course;

h. If the applicant is not a governmental entity, it shall also provide:

(1) A description of the applicant's business and length of time in business in Virginia;

(2) If subject to the FMCSRs, the applicant's Interstate Commerce Commission number or the applicant's federal Department of Transportation number and rating; and

(3) Applicant's State Corporation Commission number; and

i. Any other relevant information required by the department.

2. An applicant for certification shall also execute an agreement in a format prescribed by the department in which the applicant agrees, at a minimum, to comply with the regulations and instructions of the department for third party testers, including audit procedures, and agrees to hold the department harmless from liability resulting from the third party tester's administration of its CDL skills test program.

B. Application for third party examiner certification.

1. An applicant for certification shall provide the following information in a format prescribed by the department:

a. Name and home and business addresses and telephone numbers;

b. Driver's license number;

c. Name, address, and telephone number of the principal office or headquarters of the applicant's employer, who has applied for and received certification as a third party tester;

d. Job title and description of duties and responsibilities;

e. Length of time employed by present employer. If less than two years, list previous employer, address and telephone number;

f. Present employer's recommendation of the applicant for certification;

g. A list of the classes and types of vehicles for which the applicant seeks certification to conduct skills tests; and

h. Any other relevant information required by the department.

C. Evaluation of applicants by the department.

1. The department will evaluate the materials submitted by the third party tester applicant, and, if the application materials are satisfactory, the department will schedule an on-site inspection and audit of the applicant's third party testing program to complete the evaluation.

2. The department will evaluate the materials submitted by the third party examiner applicant as well as the applicant's driving record. If the application materials and driving record are satisfactory, the department will schedule the applicant for third party examiner training. Training may be waived if the applicant is seeking recertification only because he has changed employers.

3. No more than two applications will be accepted from any one third party tester or examiner applicant in any 12-month period, excluding applications for recertification because of a change in employers.

24VAC20-60-130. Certification by the department. (Repealed.)

A. Upon successful application and evaluation, a third party tester will be issued a letter or certificate which will evidence his authority to administer a third party testing program and issue skills test certificates for the classes and types of vehicles listed.

B. Upon successful application, evaluation and training, a third party examiner will be issued a letter or certificate which will evidence his authority to conduct skills tests for the classes and types of commercial motor vehicles listed.

C. Certification will remain valid until cancelled by the department or voluntarily relinquished by the third party tester or examiner.

24VAC20-60-140. Terminating certification of third party testers and examiners. (Repealed.)

A. Any third party tester or examiner may relinquish certification upon 30 days notice to the department. Relinquishment of certification by a third party tester or examiner shall not release such tester or examiner from any responsibility or liability that arises from his activities as a third party tester or examiner.

B. The department reserves the right to cancel the third party testing program established by this chapter, in its entirety.

C. The department may cancel the certification of an individual third party tester or examiner upon the following grounds:

1. Failure to comply with or satisfy any of the provisions of this chapter, the department's instructions or the third party tester agreement;

2. Falsification of any records or information relating to the third party testing program; or

3. Commission of any act which compromises the integrity of the third party testing program.

D. If the department determines that grounds for cancellation exist for failure to comply with or satisfy any of this chapter or the third party tester agreement, the department may postpone cancellation and allow the third party tester or examiner 30 days to correct the deficiency.

24VAC20-60-150. On-site inspections and audits. (Repealed.)

A. Each applicant for certification as a third party tester shall permit the department to inspect and audit its operations, facilities and records as they relate to its third party testing program, for the purpose of determining whether the applicant is qualified for certification. Each person who has been certified as a third party tester shall permit the department to periodically inspect and audit his third party testing program to determine whether it remains in compliance with certification requirements.

B. The department will perform its inspections and audits during regular business hours with or without prior notice to the third party tester.

C. Inspections and audits will include, at a minimum, an examination of:

1. Records relating to the third party testing program;

2. Evidence of compliance with the FMCSRs and VAMCSRs;

3. Skills testing procedures, practices and operations;

4. Vehicles used for testing;

5. Qualifications of third party examiners;

6. Effectiveness of the skills test program by either (i) testing a sample of drivers who have been issued skills test certificates by the third party tester or (ii) having department employees take the skills tests from a third party examiner; and

7. Any other aspect of the third party tester's operation that the department determines is necessary to verify that the third party tester meets or continues to meet the requirements for certification.

D. The department will prepare a written report of the results of each inspection and audit. A copy of the report will be provided to the third party tester.

24VAC20-60-160. Notification requirements. (Repealed.)

A. Every third party tester must:

1. Notify the department in a format prescribed by the department within 10 days of any change in:

a. The third party tester's name or address; or

b. The third party examiners who are employed by the third party tester.

2. Notify the department in a format prescribed by the department within 10 days of any of the following occurrences:

a. The third party tester ceases business operations in Virginia;

b. The third party tester fails to comply with any of the requirements set forth in this chapter; or

c. Any third party examiner fails to comply with any of the requirements set forth in this chapter.

3. Notify the department of any proposed change in the skills test route at least 30 days before the third party tester plans to change the route.

B. Every third party examiner shall notify the department within 10 days after leaving the employ of the third party tester, of his change in employment.

24VAC20-60-170. Test administration. (Repealed.)

A. Skills tests shall be conducted strictly in accordance with the provisions of this chapter and with current test instructions provided from time to time by the department. Such instructions will include test forms and directions for completing such forms.

B. Skills tests shall be conducted:

1. On test routes which are located at least in part in Virginia, and which have been approved by the department;

2. In a vehicle that is representative of the class and type of vehicle for which the CDL applicant seeks to be licensed and for which the third party tester and third party examiner are certified to test; and

3. In vehicles that are inspected, licensed and insured, as required by law.

24VAC20-60-180. The skills test certificate. (Repealed.)

A. The department will accept a skills test certificate issued in accordance with this section as satisfaction of the skills test component of the CDL examination.

B. Skills test certificates may be issued only to drivers who are employees of the third party tester who issues the certificate, except as otherwise provided herein. In the case of school boards certified as third party testers, certificates may be issued to employees and to other drivers who have been trained by the school board in accordance with the Virginia School Bus Driver Training Curriculum Guide.

C. Skills test certificates may be issued only to drivers who have passed the skills test conducted in accordance with this chapter and the instructions issued by the department.

D. A skills test certificate will be accepted by the department only if it is:

1. Issued by a third party tester certified by the department in accordance with this chapter;

2. In a format prescribed by the department, completed in its entirety, without alteration;

3. Submitted to the department within 60 days of the date of the skills test; and

4. Signed by the third party examiner who conducted the skills test.

24VAC20-60-190. Waiver of requirement that third party tester applicant employ 75 drivers. (Repealed.)

A. Any applicant for certification as third party tester may submit with his application, a request for a waiver of the requirement that the third party tester employ at least 75 drivers within the 12-month period preceding the application.

Such request shall include the following:

1. A statement of need. This statement should explain why the applicant should be certified as a third party tester. The statement should also include reasons why the testing facilities or programs offered by the department will not meet the applicant's business requirements.

2. An estimate of the number of employees per year who will require CDL skills testing after April 1, 1992. If the waiver request is filed prior to April 1, 1992, the request should also include an estimate of the number of employees who will require skills testing prior to that date.

B. The department will review the applicant's waiver request and will evaluate the department's testing and third party monitoring resources. The department will decide whether to grant the waiver request after balancing the stated needs of the applicant and the available resources of the department. The department will notify the applicant in writing of its decision.