Virginia Code 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.
Terms Used In Virginia Code 46.2-341.14:10
- 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
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- Third party tester: means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 of Virginia Code 46.2-341.4
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.