Virginia Code 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.
Terms Used In Virginia Code 46.2-341.14:2
- 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
- Employee: means a payroll employee or person employed under lease or contract, or a person who has applied for employment and whose employment is contingent upon obtaining a commercial driver's license. See Virginia Code 46.2-341.4
- Instructor: means any person, whether acting for himself as operator of a driver training clinic or for such clinic for compensation, who is licensed by the Department as prescribed by this chapter and who teaches, conducts classes, gives demonstrations, or supervises persons undergoing mandatory or voluntary driver improvement training. See Virginia Code 46.2-490.3
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of individuals with mental or physical disabilities to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § Virginia Code 46.2-100
- Third party examiner: means an individual who is an employee of a third party tester and who is certified by the Department to administer tests required for a commercial driver's license. See Virginia Code 46.2-341.4
- 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
- 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
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.