Virginia Code 46.2-341.9: Eligibility for commercial driver’s license or commercial learner’s permit.
A. A Virginia commercial driver’s license or commercial learner’s permit shall be issued only to a person who drives or intends to drive a commercial motor vehicle, who is domiciled in the Commonwealth, and who is eligible for a commercial driver’s license or commercial learner’s permit under such terms and conditions as the Department may require.
Terms Used In Virginia Code 46.2-341.9
- Applicant: means an individual who applies to obtain, transfer, upgrade, or renew a commercial driver's license or to obtain or renew a commercial learner's permit. See Virginia Code 46.2-341.4
- 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 or a gross vehicle weight rating of 26,001 or more pounds, whichever is greater; (ii) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, whichever is greater, 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
- 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
- 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, Virginia Code 46.2-341.4
- Includes: means includes, but not limited to. See Virginia Code 1-218
- 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
- State: means one of the 50 states of the United States or the District of Columbia. 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
No person shall be eligible for a Virginia commercial driver’s license or commercial learner’s permit until he has applied for such license or permit and has passed the applicable vision, knowledge and skills tests required by this article, and has satisfied all other applicable licensing requirements imposed by the laws of the Commonwealth. Such requirements shall include meeting the standards contained in subparts F, G, and H, of Part 383 of the FMCSA regulations.
No person shall be eligible for a Virginia commercial driver’s license or commercial learner’s permit during any period in which he is disqualified from driving a commercial motor vehicle, or his driver’s license or privilege to drive is suspended, revoked or cancelled in any state, or during any period wherein the restoration of his license or privilege is contingent upon the furnishing of proof of financial responsibility.
No person shall be eligible for a Virginia commercial driver’s license until he surrenders all other driver’s licenses issued to him by any state.
No person shall be eligible for a Virginia commercial learner’s permit until he surrenders all other driver’s licenses and permits issued to him by any other state. The applicant for a commercial learner’s permit is not required to surrender his Virginia noncommercial driver’s license.
No person under the age of 21 years shall be eligible for a commercial driver’s license, except that a person who is at least 18 years of age may be issued a commercial driver’s license or commercial learner’s permit, provided that such person is exempt from or is not subject to the age requirements of the Federal Motor Carrier Safety Regulations contained in 49 C.F.R. part 391, and is not prohibited from operating a commercial motor vehicle by the Virginia Motor Carrier Safety Regulations, and has so certified. No person under the age of 21 years shall be issued a hazardous materials endorsement.
No person shall be eligible for a Virginia commercial driver’s license to drive a Type S vehicle, as defined in subsection B of § 46.2-341.16, 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 of Title 9.1.
In determining the eligibility of any applicant for a Virginia commercial driver’s license, the Department shall consider, to the extent not inconsistent with federal law, the applicant’s military training and experience.
A person for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 of Title 9.1 may be issued a Virginia commercial driver’s license to drive a Type P vehicle, as defined in subsection B of § 46.2-341.16, provided the commercial driver’s license includes a restriction prohibiting the license holder from operating a commercial 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.
B. Notwithstanding the provisions of subsection A, pursuant to 49 U.S.C. § 31311(a)(12) a commercial driver’s license or commercial learner’s permit may be issued to an individual who (i) operates or will operate a commercial motor vehicle; (ii) is a member of the active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary; and (iii) is not domiciled in the Commonwealth, but whose temporary or permanent duty station is located in the Commonwealth.
1989, c. 705, § 46.1-372.9; 2011, c. 477; 2012, cc. 12, 153; 2013, cc. 165, 582; 2015, c. 258; 2020, cc. 860, 861.