Virginia Code 46.2-1709: Business and equipment requirements.
A. A training provider shall:
Terms Used In Virginia Code 46.2-1709
- Behind-the-wheel training: means training provided by a licensed behind-the-wheel instructor when an entry-level driver has actual control of the power unit during a driving lesson conducted on a range or on a public road. See Virginia Code 46.2-1700
- Entry-level driver: means the same as defined in § Virginia Code 46.2-1700
- Entry-level driver training: means the same as defined in § Virginia Code 46.2-1700
- FMCSA: means the same as defined in § Virginia Code 46.2-1700
- Key information: means the training provider name, address, phone number, type or types of training offered, training provider status, and any change in state licensure, certification, or accreditation status. See Virginia Code 46.2-1700
- Range: means an area that is free of obstructions, enables the driver to maneuver safely and free from interference from other vehicles and hazards, and has adequate sight lines. See Virginia Code 46.2-1700
- school: means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services. See Virginia Code 46.2-1700
- State: when applied to a part of the United States, includes any of 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 1-245
- Training provider: means the same as defined in § Virginia Code 46.2-1700
1. Permit the Department and FMCSA to conduct random examinations, inspections, and audits of its records, facilities, and operations that relate to the entry-level driver training program without prior notice;
2. Use vehicles that comply with all federal and state safety requirements and are in the same group and type that the driver trainees intend to operate for the commercial driver’s license skills test;
3. Require all driver trainees to certify that they will comply with state and federal laws and regulations and local laws related to alcohol and controlled substances testing, age requirements for driving commercial vehicles, medical certifications, licensing, and driver records;
4. Verify that all accepted behind-the-wheel applicants hold a valid commercial learner’s permit or commercial driver’s license;
5. Electronically transmit, by midnight of the second business day after the driver trainee completes the training, the driver trainee’s certification information through the federal Training Provider Registry website including:
a. Driver-trainee name, license or permit number, and state of licensure;
b. Type of class or endorsement training the driver trainee completed;
c. Total number of clock hours the driver trainee spent to complete the behind-the-wheel training, if applicable;
d. Name of the training provider and its unique Training Provider Registry number; and
e. Date or dates of successful training completion.
6. Update the Entry-Level Driver Training Provider Registration Form once every two years;
7. Report to FMCSA changes to key information on the Entry-Level Driver Training Provider Registration Form within 30 days of such changes;
8. Maintain documentation of the school‘s licensure, registration, certification or authorization to provide training in Virginia;
9. Ensure that all records specified in § 46.2-1710 are available to FMCSA or its authorized representative, upon request, and provide such records to FMCSA within 48 hours of such request; and
10. Administer both the range and public road portion of the behind-the-wheel curriculum.
B. If a training provider receives notice of proposed removal from FMCSA pursuant to 49 C.F.R. § 380.723, the training provider shall (i) notify all current driver trainees and driver trainees scheduled for future training of such receipt and (ii) provide a copy of the notice to the Department within one business day of receiving such notice.
C. If a training provider is removed from the federal Training Provider Registry by FMCSA pursuant to 49 C.F.R. § 380.723, such training provider shall (i) cease providing entry-level driver training upon receipt and in accordance with FMCSA guidance and (ii) provide the Department with a copy of the notice of proposed removal within one business day of receipt. No training conducted after the date of removal from the federal Training Provider Registry shall be considered valid.