46.2-341.14 - Testing requirements for commercial driver's license; behind-the-wheel and knowledge examinations.
§ 46.2-341.14. Testing requirements for commercial driver's license;behind-the-wheel and knowledge examinations.
A. The Department shall conduct an examination of every applicant for acommercial driver's license, which examination shall comply with the minimumfederal standards established pursuant to the federal Commercial MotorVehicle Safety Act. The examination shall be designed to test the vision,knowledge, and skills required for the safe operation of the class and typeof commercial motor vehicle for which the applicant seeks a license.
B. An applicant's skills test shall be conducted in a vehicle that isrepresentative of or meets the description of the class of vehicle for whichthe applicant seeks to be licensed. In addition, applicants who seek to belicensed to drive vehicles with air brakes, passenger-carrying vehicles, orschool buses must take the skills test in a vehicle that is representative ofsuch vehicle type. Such vehicle shall be furnished by the applicant and shallbe properly licensed, inspected and insured.
C. Prior to April 1, 1992, the Commissioner may waive the skills test forapplicants licensed at the time they apply for a commercial driver's licenseif:
1. The applicant has not, and certifies that he has not, at any time duringthe two years immediately preceding the date of application:
a. Had more than one driver's license, except during the ten-day periodbeginning on the date such person is issued a driver's license, or unless,prior to December 31, 1989, such applicant was required to have more than onelicense by a state law enacted before June 1, 1986;
b. Had any driver's license or driving privilege suspended, revoked orcanceled;
c. Had any convictions involving any kind of motor vehicle for the offenseslisted in § 46.2-341.18, 46.2-341.19, or 46.2-341.20; and
d. Been convicted of a violation of state or local laws relating to motorvehicle traffic control, other than a parking violation, which violationarose in connection with any reportable traffic accident; and
2. The applicant certifies and provides evidence satisfactory to theCommissioner that he is regularly employed in a job requiring the operationof a commercial motor vehicle, and either:
a. Has previously taken and successfully completed a skills test which wasadministered by a state with a classified licensing and testing system andthat test was behind the wheel in a vehicle representative of the class and,if applicable, the type of commercial motor vehicle for which the applicantseeks to be licensed; or
b. Has operated, for at least two years immediately preceding the applicationdate, a vehicle representative of the class and, if applicable, the type ofcommercial motor vehicle for which the applicant seeks to be licensed.
D. The Commissioner may, in his discretion, designate such persons as hedeems fit, including private or governmental entities, to administer theskills tests required of applicants for a commercial driver's license. Anyperson so designated shall comply with all regulations promulgated by theCommissioner with respect to the administration of such skills tests.
E. Every applicant for a commercial driver's license who is required by theCommissioner to take a vision test shall either (i) appear before a licenseexaminer of the Department of Motor Vehicles to demonstrate his visual acuityand horizontal field of vision; or (ii) submit with his application a reportof such examination made within ninety days of the application date by anophthalmologist or optometrist. The Commissioner may, by regulation,determine whether any other visual tests will satisfy the requirements ofthis title for commercial drivers.
F. No person who fails the behind-the-wheel examination for a commercialdriver's license administered by the Department three times shall bepermitted to take such examination a fourth time until he successfullycompletes, subsequent to the third examination failure, the in-vehiclecomponent of driver instruction at a driver training school licensed underChapter 17 (§ 46.2-1700 et seq.) or a comparable course approved by theDepartment or the Department of Education. In addition, no person who failsthe general knowledge examination for a commercial driver's licenseadministered by the Department three times shall be permitted to take suchexamination a fourth time until he successfully completes, subsequent to thethird examination failure, the knowledge component of driver instruction at adriver training school licensed under Chapter 17 (§ 46.2-1700 et seq.) or acomparable course approved by the Department or the Department of Education.
The provisions of this subsection shall not apply to persons placed undermedical control pursuant to § 46.2-322.
(1989, c. 705, § 46.1-372.14; 2008, c. 735.)