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.

Terms Used In Virginia Code 46.2-341.12

  • 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 rating of 26,001 or more pounds; (ii) has a gross combination weight rating of 26,001 or more pounds 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. See Virginia Code 46.2-341.4
  • 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. See Virginia Code 46.2-341.4
  • Domicile: means a person's true, fixed, and permanent home and principal residence, to which he intends to return whenever he is absent. See Virginia Code 46.2-341.4
  • 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. See Virginia Code 46.2-341.4
  • 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. See Virginia Code 46.2-341.4
  • 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. See Virginia Code 46.2-341.4
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • FMCSA: means the Federal Motor Carrier Safety Administration of the U. See Virginia Code 46.2-341.4
  • Hazardous materials: means materials designated to be hazardous in accordance with § 103 of the federal Hazardous Materials Transportation Act, 49 U. See Virginia Code 46.2-341.4
  • Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
  • Person: means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board. See Virginia Code 46.2-341.4
  • 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. See Virginia Code 46.2-341.4
  • revocation: means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. See Virginia Code 46.2-100
  • School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of individuals with mental or physical disabilities to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § 46. See Virginia Code 46.2-100
  • State: means one of the 50 states of the United States or the District of Columbia. See Virginia Code 46.2-341.4
  • suspension: means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. See Virginia Code 46.2-100
  • 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. See Virginia Code 46.2-341.4
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100

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 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 driver’s license or additional commercial classification or endorsement.

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. 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 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. 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 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 record of the driver on the Commercial Driver’s License Information System and initiate a downgrade of his commercial driver’s license as defined in 49 C.F.R. § 383.5.

I. Any person who provides a medical certificate to the Department pursuant to the requirements of subsections G and H 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 downgrade of the driver’s commercial driver’s license as defined in 49 C.F.R. § 383.5.

J. 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 record of the driver on the Commercial Driver’s License Information System using the restriction code “V.”

K. 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 downgrade of the driver’s commercial driver’s license as defined in 49 C.F.R. § 383.5.

L. 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. 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.

1989, c. 705, § 46.1-372.12; 2005, c. 513; 2009, c. 872; 2011, cc. 881, 889; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2019, c. 750; 2020, cc. 544, 546.

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