dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-336. Manner of issuing original driver's licenses to minors.
A. Except as provided in subsection B, the Department shall forward all original driver's licenses issued to persons under the age of 18 years to the judge of the juvenile and domestic relations court in the city or county in which the licensee resides. The judge or a substitute judge shall issue to each person to be licensed the license so forwarded, and shall, at the time of issuance, conduct a formal, appropriate ceremony, in which he shall illustrate to the licensee the responsibility attendant on the privilege of driving a motor vehicle. The attorney for the Commonwealth who serves the jurisdiction in which the ceremony is to be conducted may request in writing in advance of such ceremony an opportunity to participate in the ceremony. Any judge who presides over such ceremony shall, upon request, afford the attorney for the Commonwealth the opportunity to participate in such ceremony and to address the prospective licensees and the persons enumerated below who may be accompanying the prospective licensees as to matters of enforcement, prosecutions, applicable punishments, and the responsibility of drivers generally. If the licensee is under the age of 18 years at the time his ceremony is held, he shall be accompanied at the ceremony by a parent, his guardian, spouse, or other person in loco parentis. However, the judge, for good cause shown, may mail or otherwise deliver the driver's license to any person who is a student at any educational institution outside of the Commonwealth at the time such license is received by the judge as prescribed in this section.

B. The chief juvenile and domestic relations district court judge may waive the ceremonial requirements of subsection A for each juvenile and domestic relations district court within the district or order that each juvenile and domestic relations district court within the district conduct such ceremony in an alternative manner. In courts where the ceremony has been waived, the Department shall mail or otherwise deliver the driver's licenses directly to licensees.

C. The provisions of this section shall not apply to the issuance of Virginia driver's licenses to persons who hold valid driver's licenses issued by other states.

1962, c. 261, § 46.1-375.1; 1964, c. 185; 1984, c. 780; 1989, c. 727; 1993, c. 53; 1998, c. 472; 2012, cc. 30, 100; 2014, c. 352; 2022, cc. 55, 636.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-337. Examination and road test required for license to operate motorcycle; regulations.
No person shall drive any motorcycle on a highway in the Commonwealth unless he has passed a special examination, including written material and a road test, pertaining to his ability to drive a motorcycle with reasonable competence and with safety to other persons using the highways. The Department may adopt regulations as may be necessary to provide for the special examination under § 46.2-325 of persons desiring to qualify to drive motorcycles in the Commonwealth and for the granting of licenses or permits suitably endorsed for qualified applicants. The road test for two-wheeled motorcycles and the road test for three-wheeled motorcycles shall be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate each type of motorcycle.

No person applying for a classification to authorize the driving of a motorcycle who fails the road test portion of the special examination two times shall be eligible for such classification until he successfully completes a motorcycle rider safety training course offered by a provider licensed under Article 23 (§ 46.2-1188 et seq.) of Chapter 10.

If the Commissioner is satisfied that a person intending to operate a motorcycle has demonstrated the same proficiency as required by the special examination through successful completion of a motorcycle rider safety training course offered by a provider licensed under Article 23 (§ 46.2-1188 et seq.) of Chapter 10, he may waive the written material or road test portion or both portions of the special examination. The Commissioner may also waive the written material or road test portion or both portions of the special examination if the person intending to operate a motorcycle holds a valid Virginia driver's license and is a member, the spouse of a member, or a dependent of a member of the United States Armed Services, and the license holder has successfully completed a basic motorcycle rider course approved by the United States Armed Services.

1968, c. 642, § 46.1-370.1; 1989, c. 727; 2007, c. 190; 2013, cc. 673, 783, 789.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-338. Repealed.
Repealed by Acts 1989, c. 705.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-339. Qualifications of school bus operators; training; examination.
A. No person shall operate any school bus on a highway in the Commonwealth unless he has had a reasonable amount of experience in operating motor vehicles and has passed a special examination pertaining to his ability to operate a school bus with safety to its passengers and to other persons using the highways. Such person shall obtain a commercial driver's license with the applicable classifications and endorsements, issued pursuant to the Virginia Commercial Driver's License Act (§ 46.2-341.1 et seq.), if the school bus he operates is a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act. For the purpose of preparing for the examination required by this section, any person holding a valid commercial driver's license or instruction permit issued under the provisions of the Virginia Commercial Driver's License Act may operate, under the direct supervision of a person holding a valid commercial driver's license with a school bus endorsement, a school bus that is a commercial motor vehicle as defined in the Virginia Commercial Driver's License Act and that contains no pupil passengers.

B. The Department may adopt regulations necessary to provide for the examination of persons desiring to qualify to operate school buses in the Commonwealth and for the granting of permits to qualified applicants.

C. Notwithstanding the provisions of this section, no person shall operate any school bus on a highway in the Commonwealth during any period in which he is a person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.

Code 1950, § 22-278; 1958, c. 541, § 46.1-370; 1978, c. 263; 1984, c. 780; 1989, cc. 705, 727; 2011, c. 477; 2018, cc. 203, 389.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-340. Information concerning school bus drivers and driver education instructors.
A. At the beginning of each school year, and whenever changes need to be made, each local school division shall furnish to the Department of Motor Vehicles the name, driver's license number, and commercial driver's license number of all persons driving school buses for that school division. Whenever any commercial driver's license with a school bus driver's endorsement is suspended or revoked, or the holder of a driver's license with a school bus driver's endorsement or commercial driver's license with a school bus driver's endorsement is convicted in any court of reckless driving or driving while intoxicated, the Department shall notify the affected local school division of the name and driver's license number or commercial driver's license number of the driver involved.

B. At the beginning of each school year, and whenever changes need to be made, each local school division and private school providing a driver education program approved by the Department of Education shall furnish to the Department of Motor Vehicles the name and driver's license number of all persons providing instruction in driver education for that school division or private school. Whenever a driver's license of a person providing such instruction is suspended or revoked, or such person is convicted in any court of reckless driving or driving while intoxicated, the Department shall notify the affected local school division or private school of the name and driver's license number of the driver involved.

If the driving record of such driver education instructor accumulates more than six demerit points based on convictions occurring in any calendar year, the Department shall notify the relevant local school division or private school of the name and driver's license number of the driver. Safe driving points shall not be used to reduce the six demerit points. No driver education program in a public school division or a private school shall retain its approval by the Department of Education unless such a person who has accumulated such six demerit points is removed from providing behind-the-wheel driver education instruction in the private school or public school division for a period of twenty-four months.

C. The provisions of the Government Data Collection and Dissemination Practices Act (Chapter 38 of Title 2.2, § 2.2-3800 et seq.) shall not apply to the exchange of information under this section.

1986, c. 287, § 46.1-370.01; 1989, c. 727; 1993, c. 52; 1999, c. 463.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341. Repealed.
Repealed by Acts 1989, c. 705.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.1. Title.
This Act may be cited as the "Virginia Commercial Driver's License Act."

1989, c. 705, § 46.1-372.1.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.11. Commercial drivers required to notify the Department of change of address.
A. If any person who is licensed by the Department to drive a commercial motor vehicle changes the mailing or residential address he most recently submitted to the Department, such person shall notify the Department in writing within thirty days after his change of address. If the Department receives notification from the person or any court or law-enforcement agency that a person's residential address has changed to a non-Virginia address, the Department shall (i) mail, by first-class mail, no later than three days after the notice of address change is received by the Department, notice to the person that his commercial driver's license will be cancelled by the Department and (ii) cancel the commercial driver's license thirty days after notice of cancellation has been mailed.

B. Any person who fails to notify the Department of his change of address in accord with the provisions of this subsection shall be guilty of a traffic infraction.

1989, c. 705, § 46.1-372.11; 2002, cc. 767, 834.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.13. Disposition of fees.
Except as otherwise provided, all fees accruing under the provisions of this chapter shall be paid to and received by the Commissioner, and by him forthwith paid into the state treasury and shall be set aside as a special fund in the state treasury to be used to meet the necessary additional expenses incurred by the Department of Motor Vehicles and the Commissioner in the performance of the duties required by this article.

1989, c. 705, § 46.1-372.13.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.14:10. Waiver of requirement that third party tester applicant employ 50 drivers.
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 50 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 commercial driver's license 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.

2013, cc. 165, 582; 2019, cc. 78, 155.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.14:2. Requirements for third party examiners.
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 § 46.2-341.14:3 and pass the required nationwide criminal background check;

2. Be an employee of the third party tester;

3. Possess a valid Virginia commercial driver's license 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 any third party examiner training course 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, 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;

9. Conduct skills tests on behalf of the third party tester in accordance with this article and in accordance with current instructions provided by the Department; and

10. Successfully complete a training course and examination every four years to maintain the commercial driver's license test examiner certification.

2013, cc. 165, 582; 2014, cc. 77, 803.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.14:4. Certification by the Department.
A. Upon successful application and evaluation, a third party tester will be issued a letter or certificate that 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 that will evidence his authority to conduct skills tests for the classes and types of commercial motor vehicles listed.

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

2013, cc. 165, 582.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.14:5. Terminating certification of third party tester or examiner.
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 article, in its entirety.

C. The Department shall revoke the skills testing certification of any examiner:

1. Who does not conduct skills test examinations of at least 10 different applicants per calendar year. However, examiners who do not meet the 10-test minimum must either take a refresher commercial driver's license training that complies with 49 C.F.R. § 384.228 or have a Department examiner ride along to observe the third party examiner successfully administer at least one skills test; or

2. Who does not successfully complete the required refresher training every four years pursuant to 49 C.F.R. § 384.228.

D. 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 article, federal standards for the commercial driver's license testing program, the Department's instructions, or the third party tester agreement;

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

3. Commission of any act that compromises the integrity of the third party testing program; or

4. Failure to pass the required nationwide criminal background check. Criteria for not passing the criminal background check include but are not limited to having a felony conviction within the past 10 years or any conviction involving fraudulent activities.

E. If the Department determines that grounds for cancellation exist for failure to comply with or satisfy any of the requirements 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.

2013, cc. 165, 582; 2014, cc. 77, 803.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.14:6. Onsite inspections and audits.
A. Each applicant for certification as a third party tester shall permit the Department or FMCSA to conduct random examinations, inspections, and audits of 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 or FMCSA will perform its random examinations, inspections, and audits of third party testers during regular business hours with or without prior notice to the third party tester.

C. Inspections and audits of third party testers will occur at a minimum once every two years and include, at a minimum, an examination of:

1. Records relating to the third party testing program;

2. Evidence of compliance with the FMCSA regulations and Virginia Motor Carrier Safety Regulations;

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 to compare pass/fail results, (ii) having Department employees covertly take the skills tests from a third party examiner, or (iii) having Department employees co-score along with the third party examiner during commercial driver's license applicant's skills tests to compare pass/fail results;

7. A comparison of the commercial driver's license skills test results of applicants who are issued commercial driver's licenses with the commercial driver's license scoring sheets that are maintained in the third party testers' files; and

8. 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 of third party testers. A copy of the report will be provided to the third party tester.

2013, cc. 165, 582; 2014, cc. 77, 803.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.14:7. Notification requirements.
A. Every third party tester shall:

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 article; or

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

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.

2013, cc. 165, 582.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.14:8. Test administration.
A. Skills tests shall be conducted strictly in accordance with the provisions of this article 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 that are located at least in part in Virginia and have been approved by the Department;

2. In a vehicle that is representative of the class and type of vehicle for which the commercial driver's license 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.

C. All third party testers shall submit a skills test schedule of commercial driver's license skills testing appointments to the Department no later than two business days prior to each test.

D. All third party testers shall notify the Department through secure electronic means when a driver applicant passes skills tests.

2013, cc. 165, 582.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.14:9. The skills test certificate; validity of results.
A. The Department will accept a skills test certificate issued in accordance with this section as satisfaction of the skills test component of the commercial driver's license examination.

B. 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.

C. 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 article;

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

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

D. The results of the skills test shall be valid for six months following the completion of the test.

2013, cc. 165, 582; 2016, c. 429; 2022, cc. 60, 139, 292.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.15. Commercial driver's license and commercial learner's permit document.
A. The commercial driver's license issued by the Department shall be identified as a Virginia commercial driver's license and shall include at least the following:

1. Full name, a Virginia address, and signature of the licensee;

2. A photograph of the licensee;

3. A physical description of the licensee, including sex and height;

4. The licensee's date of birth and license number that shall be assigned by the Department to the licensee and shall not be the same as the licensee's Social Security number;

5. A designation of the class and type of commercial motor vehicle or vehicles which the licensee is authorized to drive, together with any restrictions; and

6. The date of license issuance and expiration.

B. The commercial learner's permit shall be identified as such but shall in all other respects conform to subsection A of this section. A commercial learner's permit shall also contain a statement that the permit is invalid unless accompanied by the underlying driver's license.

C. A nondomiciled commercial driver's license or a nondomiciled commercial learner's permit shall contain the word "nondomiciled" on the face of the document.

1989, c. 705, § 46.1-372.15; 2002, cc. 767, 834; 2008, c. 190; 2009, c. 872; 2013, cc. 165, 582; 2015, c. 258.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.17. Penalty for violation of this article.
Unless otherwise provided in this article or by the laws of the Commonwealth, any person who violates any provision of this article shall be guilty of a Class 2 misdemeanor.

1989, c. 705, § 46.1-372.16.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.18:01. Disqualification for violation of out-of-service order; commercial motor vehicle designed to transport 16 or more passengers; commercial motor vehicle used to transport hazardous materials.
The Commissioner shall disqualify, for a period of two years, any person convicted of violating an out-of-service order while operating (i) a commercial motor vehicle designed to transport 16 or more passengers, including the driver, or (ii) notwithstanding the provisions of § 46.2-341.18, a commercial motor vehicle while used in the transport of hazardous materials required to be placarded under federal Hazardous Materials Regulations (49 C.F.R. Part 172, Subpart F). If the person is convicted of two or more violations of this section, and each offense arose from a separate incident committed within a period of 10 years, the disqualification shall be for five years.

2008, c. 190; 2009, c. 102.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.18:1. Disqualification for certain alcohol-related offenses committed in other jurisdictions whose laws provide for disqualification for such offenses without a conviction.
A. Notwithstanding the provisions of § 46.2-341.18 that require the Commissioner act to disqualify only on the basis of conviction records for certain offenses committed while operating a commercial motor vehicle, the Commissioner shall also act to disqualify, as provided in § 46.2-341.18, where he has received a record from another jurisdiction indicating that a Virginia licensee has been disqualified in that jurisdiction, solely as a result of his violation in that jurisdiction, of either of the two offenses listed in subdivisions 1 and 2, committed while operating a commercial motor vehicle, even though the disqualification was imposed as the result of an administrative or civil action and there was no court proceeding that could result in a conviction for such offense. The two offenses for which such action shall be taken are:

1. Operation of a commercial motor vehicle with a blood alcohol content of 0.04 percent or more, or

2. Refusal to submit to a chemical test to determine the alcohol or drug content of blood or breath of the operator of a commercial motor vehicle under the implied consent laws of that jurisdiction.

B. The Commissioner shall treat such a record of disqualification as though it were a conviction record from that jurisdiction under a law substantially similar to subsection B of § 46.2-341.24 or § 46.2-341.26:4, respectively, for purposes of implementing the disqualification provisions of § 46.2-341.18. Such treatment as a conviction for purposes of § 46.2-341.18 shall be applicable only if the disqualification action is final and unappealable or has been appealed and the appeal dismissed or the action affirmed and no further appeals are possible under the laws of the jurisdiction wherein the offense was committed, and only if the disqualification period imposed by that jurisdiction is at least as long as the periods set out in § 46.2-341.18 for such an offense. If the Commissioner receives notice from a jurisdiction that a Virginia licensee has been subject to an administrative action or civil judgment resulting from a violation of subdivision A 1 or A 2, committed while operating a commercial motor vehicle, the Commissioner shall treat such notice as a conviction for the purposes of this article.

C. In no case shall the Commissioner act more than once to disqualify a Virginia licensee for any single violation committed in another jurisdiction, even though such violation may be reported by that jurisdiction as both an administrative or civil disqualification action and as a conviction from a court in that jurisdiction. Moreover, the Commissioner shall rescind a disqualification imposed pursuant to this section if the disqualification has been vacated or rescinded by the other jurisdiction as a result of the licensee's acquittal in the court proceedings, or the dismissal of those proceedings, in that jurisdiction.

2002, c. 724; 2005, c. 513.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.18:2. Disqualification for use of urine-masking agent or device.
The Commissioner shall disqualify for a period of one year any person who has been convicted of a violation of § 18.2-251.4.

2007, c. 422.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.18:3. Cancellation of commercial driver's license endorsement for certain offenders.
The Commissioner shall cancel the Type S school bus endorsement for any person holding a commercial driver's license or commercial learner's permit who is convicted of an offense for which registration is required in the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.

Any person holding a commercial driver's license or commercial learner's permit with a Type P passenger endorsement who is convicted of an offense for which registration is required in the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 shall surrender such license or permit to the Department, and shall be issued a license or permit that includes a restriction prohibiting the license or permit holder from operating a vehicle to transport children to or from activities sponsored by a school or by a child day care facility licensed, regulated, or approved by the Department of Education.

If the holder of a commercial driver's license or commercial learner's permit fails to surrender the license or permit as required under this section, the Department shall cancel the license or permit.

2011, c. 477; 2012, c. 153; 2015, c. 258; 2020, cc. 860, 861.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.19. Controlled substance felony; disqualification.
A. No person shall use a commercial motor vehicle in the commission of any felony involving manufacturing, distributing, or dispensing a controlled substance or possession with intent to manufacture, distribute, or dispense such controlled substance. No person who holds a commercial learner's permit or commercial driver's license shall use a noncommercial motor vehicle in the commission of any felony involving manufacturing, distributing, or dispensing a controlled substance or possession with intent to manufacture, distribute, or dispense such controlled substance. For the purpose of this section, a controlled substance is defined as provided in § 102(6) of the federal Controlled Substances Act (21 U.S.C. § 802(6)) and includes all substances listed on Schedules I through V of 21 C.F.R. Part 1308 as they may be revised from time to time.

B. Violation of this section shall constitute a separate and distinct offense and any person violating this section is guilty of a Class 1 misdemeanor. Punishment for a violation of this section shall be separate and apart from any punishment received from the commission of the primary felony.

C. The Commissioner shall, upon receiving a record of a conviction of a violation of this section, disqualify for life any person who is convicted of such violation.

1989, c. 705, § 46.1-372.18; 2019, c. 750.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.2. Repealed.
Repealed by Acts 2020, c. 788, cl. 1.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.20:1. Disqualification for railroad/highway grade crossing violations.
A. Except as otherwise provided in subsection B, the Commissioner shall disqualify for a period of sixty days any person whose record, as maintained by the Department, shows that he has been convicted of any offense committed while operating a commercial motor vehicle in violation of any law relating to the operation of a motor vehicle at a railroad/highway grade crossing, including but not limited to the provisions of Article 9 (§ 46.2-884 et seq.) of Chapter 8 of this title and the provisions of the Virginia and Federal Motor Carrier Safety Regulations, and any similar law of any other state or any locality.

B. The period of disqualification shall be for 120 days if the conviction was for an offense described in subsection A, committed within three years of a prior such offense, or for one year if for a third or subsequent such offense committed within three years, provided each offense arose from separate incidents.

2002, c. 724.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.20:2. Employer penalty; railroad/highway grade crossing violations; out-of-service order violation.
Any employer who knowingly allows, permits, authorizes, or requires an employee to operate a commercial motor vehicle in violation of any law or regulation pertaining to railroad/highway grade crossings, or in violation of an out-of-service order, shall be subject to a civil penalty for each violation pursuant to 49 C.F.R. Part 383, which shall be imposed by the Commissioner upon receipt of notification from federal or state motor carrier officials that an employer may have violated this provision, and upon notice to the employer of the charge and a hearing conducted as provided under the Administrative Process Act (§ 2.2-4000 et seq.), to determine whether such employer has violated this provision. Civil penalties collected under this section shall be deposited into the Transportation Trust Fund established pursuant to § 33.2-1524.

2002, c. 724; 2005, c. 513; 2008, c. 190; 2014, cc. 77, 803.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.20:3. Disqualification for determination of imminent hazard.
If the Department receives notification from the Federal Motor Carrier Safety Administration that a driver determined to constitute an imminent hazard has been disqualified from operating a commercial motor vehicle pursuant to 49 C.F.R. Part 383.52, the Department shall make a notation of such disqualification on the driver record maintained by the Department and any disqualification imposed by the Department on the driver shall run concurrently with the period of disqualification imposed pursuant to 49 CFR 383.52.

2005, c. 513; 2008, c. 190.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.20:4. Disqualification of driver convicted of fraud related to the testing and issuance of a commercial learner's permit or commercial driver's license.
A person who has been convicted of fraud pursuant to § 46.2-348 related to the issuance of a commercial learner's permit or commercial driver's license shall be disqualified for a period of one year. The application of a person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained commercial driver's license or seeks to renew or upgrade the fraudulently obtained commercial learner's permit must also, at a minimum, be disqualified. Any disqualification must be recorded in the person's driving record. The person may not reapply for a new commercial driver's license for at least one year.

If the Department receives credible information that a commercial learner's permit holder or commercial driver's license holder is suspected, but has not been convicted, of fraud related to the issuance of his commercial learner's permit or commercial driver's license, the Department shall require the driver to retake the skills test or knowledge test, or both. Within 30 days of receiving notification from the Department that retesting is necessary, the affected commercial learner's permit holder or commercial driver's license holder must make an appointment or otherwise schedule to take the next available test. If the commercial learner's permit holder or commercial driver's license holder fails to make an appointment within 30 days, the Department shall disqualify his commercial learner's permit or commercial driver's license. If the driver fails either the knowledge or skills test or does not take the test, the Department shall disqualify his commercial learner's permit or commercial driver's license. Once a commercial learner's permit holder's or commercial driver's license holder's commercial learner's permit or commercial driver's license has been disqualified, he must reapply for a commercial learner's permit or commercial driver's license under Department procedures applicable to all commercial learner's permit and commercial driver's license applicants.

2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.20:6. Prohibition on requiring use of handheld mobile telephone or texting; motor carrier penalty.
No motor carrier shall allow or require its drivers to use a handheld mobile telephone or to text while driving a commercial motor vehicle. Motor carriers violating this section are subject to a civil penalty not to exceed $11,000. Civil penalties collected under this section shall be deposited into the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530. Pursuant to 49 C.F.R. § 386.81, the determination of the actual civil penalties assessed is based on consideration of information available at the time the claim is made concerning the nature and gravity of the violation and, with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice and public safety may require. "Driving," "mobile telephone," "texting," and "use a handheld mobile telephone" have the same meanings as assigned to them in § 46.2-341.20:5.

2014, cc. 77, 803; 2020, cc. 1230, 1275.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.21. Driving while disqualified; penalties.
No person whose privilege to drive a commercial motor vehicle has been suspended or revoked or who has been disqualified from operating a commercial motor vehicle or who has been ordered out of service, and who has been given notice of, or reasonably should know of the suspension, revocation, disqualification, or out-of-service order shall operate a commercial motor vehicle anywhere in the Commonwealth until the period of such suspension, revocation, disqualification, or out-of-service order has terminated, nor shall any person operate on any highway any vehicle that has been declared out of service until such time as the out-of-service declaration has been lifted.

Any person who violates this section shall, for the first offense, be guilty of a Class 2 misdemeanor, and for the second or any subsequent offense, be guilty of a Class 1 misdemeanor; however, if the offense is the violation of an out-of-service order, the minimum mandatory fine shall be $2,500 for any person so convicted of a first offense and $5,000 for a person convicted of a second or subsequent offense. Upon receipt of a record of a violation of this section, the Commissioner shall impose an additional disqualification in accordance with the provisions of §§ 46.2-341.18 and 46.2-341.18:01.

1989, c. 705, § 46.1-372.20; 1990, c. 218; 1995, cc. 145, 151; 2005, c. 513; 2008, c. 190.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.22. Requirements upon disqualification.
Any person who has been disqualified pursuant to any provision of this article shall be subject to the provisions of §§ 46.2-370 and 46.2-414, and shall be required to comply with the provisions of §§ 46.2-370 and 46.2-411 as conditions to the reinstatement of his privilege to drive a commercial motor vehicle.

Any person who has been disqualified pursuant to the provisions of § 46.2-341.18 shall be required as further conditions to reinstatement of his privilege to operate a commercial motor vehicle, to (i) apply for such license; (ii) pass the knowledge and skills tests required for the class and type of commercial motor vehicle for which he seeks to be licensed; and (iii) satisfy all other applicable licensing requirements, including the payment of licensing fees, imposed by the laws of the Commonwealth.

The provisions of this section shall not apply to out-of-service orders issued pursuant to §§ 46.2-341.26:2 and 46.2-341.26:3.

1989, c. 705, § 46.1-372.21; 1992, c. 830; 2019, c. 750.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.23. Offenses under substantially similar laws.
Except as otherwise provided, whenever in this Act reference is made to an offense which is a violation of a provision of this Code, such reference shall be deemed to include offenses under any local ordinance, any federal law, any law of another state or any local ordinance of another state, substantially similar to such provision of this Code.

1989, c. 705, § 46.1-372.22.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.24. Driving a commercial motor vehicle while intoxicated, etc.
A. It shall be unlawful for any person to drive or operate any commercial motor vehicle (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article; (ii) while such person is under the influence of alcohol; (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any commercial motor vehicle safely; (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any commercial motor vehicle safely; or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

B. It shall be unlawful and a lesser included offense of an offense under provision (i), (ii), or (iv) of subsection A of this section for a person to drive or operate a commercial motor vehicle while such person has a blood alcohol concentration of 0.04 percent or more by weight by volume or 0.04 grams or more per 210 liters of breath as indicated by a chemical test administered in accordance with the provisions of this article.

1989, c. 705, § 46.1-372.23; 1992, c. 830; 1994, cc. 359, 363; 2005, c. 616.
Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.25. Preliminary analysis of breath of commercial drivers to determine alcohol content of blood.
A. Any person who is reasonably suspected of a violation of § 46.2-341.24 or of having any alcohol in his blood while driving or operating a commercial motor vehicle may be required by any law-enforcement officer to provide a sample of such person's breath for a preliminary screening to determine the probable alcohol content of his blood. Such person shall be entitled, upon request, to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. Such breath may be analyzed by any police officer of the Commonwealth, or of any county, city, or town, or by any member of a sheriff's department in the normal discharge of his duties.

B. The Department of Forensic Science shall determine the proper method and equipment to be used in analyzing breath samples taken pursuant to this section and shall advise the respective police and sheriff's departments of the same.

C. If the breath sample analysis indicates that there is alcohol present in the person's blood, or if the person refuses to provide a sample of his breath for a preliminary screening, such person shall then be subject to the provisions of §§ 46.2-341.26:1 through 46.2-341.26:11.

D. The results of a breath analysis conducted pursuant to this section shall not be admitted into evidence in any prosecution under § 46.2-341.24 or 46.2-341.31, but may be used as a basis for charging a person for a violation of the provisions of § 46.2-341.24 or 46.2-341.31.

E. The law-enforcement officer requiring the preliminary screening test shall advise the person of his obligations under this section and of the provisions of subsection C of this section.

1989, c. 705, § 46.1-372.24; 1990, cc. 218, 825; 1992, c. 830; 1996, cc. 154, 952; 2005, cc. 868, 881.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26. Repealed.
Repealed by Acts 1992, c. 830.

Code of Virginia — Title 46.2 (Motor Vehicles), Chapter 3 (LICENSURE OF DRIVERS)
§ 46.2-341.26:1. Use of chemical tests to determine alcohol or drug content of blood of commercial driver; definitions.
As used in §§ 46.2-341.26:2 through 46.2-341.26:11, unless the context clearly indicates otherwise:

The phrase "alcohol or drug" means alcohol, drug or drugs, or any combination of alcohol and a drug or drugs.

The phrase "blood or breath" means either or both.

"Chief police officer" means the sheriff in any county not having a chief of police, the chief of police of any county having a chief of police, the chief of police of the city, or the sergeant or chief of police of the town in which the charge will be heard, or their authorized representatives.

"Department" means the Department of Forensic Science.

"Director" means the Director of the Department of Forensic Science.

1992, c. 830; 2005, cc. 868, 881.