Final Text
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VIRGINIA COMMERCIAL DRIVER'S LICENSE REGULATIONS (REPEALED)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 (Repealed.)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 (Repealed.)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.