{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1708.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1708.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1708.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1708.html"}],"law_id":55820,"edition_id":1,"section_id":55820,"structure_id":14446,"section_number":"46.2-1708","catch_line":"Licenses required for school and instructors","history":"2019, c. 750; 2020, c. 546; 2024, cc. 107, 121.","full_text":"A\n\nA Class A driver training school shall not provide entry-level driver training in the Commonwealth until it has (i) been licensed pursuant to this chapter and (ii) provided the Commissioner with its unique Training Provider Registry number issued by FMCSA pursuant to 49 C.F.R. § 380.703 in a form prescribed by the Department.B\n\nTo become a Class A driver training school an applicant shall include with its application evidence that:1\n\nThe curriculum used for theory instruction and behind-the-wheel training complies with the curriculum requirements prescribed by the Department;2\n\nThe facilities used for entry-level driver training for both theory instruction and behind-the-wheel training comply with all federal and state safety requirements;3\n\nThe instructors employed by the applicant driver training school are licensed under this section;4\n\nThe applicant driver training school (i) uses written assessments that comply with the requirements prescribed by the Department to determine the driver trainee’s proficiency in the knowledge objectives of each unit of instruction in the curriculum and (ii) requires driver trainees to achieve an overall minimum score of 80 percent for passage of the theory instruction portion of the course; and5\n\nThe applicant driver training school instructors evaluate and document the driver trainee’s proficiency in the behind-the-wheel skills in accordance with the curriculum requirements prescribed by the Department.C\n\nThe Commissioner shall not license a behind-the-wheel instructor or theory instructor unless the applicant provides evidence that his commercial driver’s license has not been disqualified, canceled, suspended, or revoked due to any of the disqualifying offenses identified in 49 C.F.R. \u00a7 383.51, unless his commercial driver’s license was reinstated more than two years prior to the application date, and that he either:1\n\nCurrently holds a commercial driver’s license of the same class or higher with all endorsements necessary to operate the commercial motor vehicle for which training will be provided and has at least two years of experience driving a commercial motor vehicle requiring a commercial driver’s license of the same or higher class or the same endorsement; or2\n\nCurrently holds a commercial driver’s license of the same class or higher with all endorsements necessary to operate the commercial motor vehicle for which training will be provided, and has at least two years of experience as a behind-the-wheel commercial motor vehicle instructor.D\n\nThe Commissioner may issue an order suspending, revoking, cancelling, or denying renewal of a training provider’s license, certification, or authorization to provide training effective immediately if the order is based upon the removal of the school from the federal Training Provider Registry pursuant to 49 C.F.R. § 380.723. Notice of such order shall be in writing and mailed to the training provider by registered mail to the address as shown on the training provider’s most recent application and shall be considered served when mailed. Upon receipt of a request for a hearing appealing such order, the training provider shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The order shall remain in effect pending the outcome of the hearing.","order_by":null,"text":{"0":{"id":204469,"text":"A Class A driver training school shall not provide entry-level driver training in the Commonwealth until it has (i) been licensed pursuant to this chapter and (ii) provided the Commissioner with its unique Training Provider Registry number issued by FMCSA pursuant to 49 C.F.R. § 380.703 in a form prescribed by the Department.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204470,"text":"To become a Class A driver training school an applicant shall include with its application evidence that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":204471,"text":"The curriculum used for theory instruction and behind-the-wheel training complies with the curriculum requirements prescribed by the Department;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":204472,"text":"The facilities used for entry-level driver training for both theory instruction and behind-the-wheel training comply with all federal and state safety requirements;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":204473,"text":"The instructors employed by the applicant driver training school are licensed under this section;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":204474,"text":"The applicant driver training school (i) uses written assessments that comply with the requirements prescribed by the Department to determine the driver trainee’s proficiency in the knowledge objectives of each unit of instruction in the curriculum and (ii) requires driver trainees to achieve an overall minimum score of 80 percent for passage of the theory instruction portion of the course; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":204475,"text":"The applicant driver training school instructors evaluate and document the driver trainee’s proficiency in the behind-the-wheel skills in accordance with the curriculum requirements prescribed by the Department.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":204476,"text":"The Commissioner shall not license a behind-the-wheel instructor or theory instructor unless the applicant provides evidence that his commercial driver’s license has not been disqualified, canceled, suspended, or revoked due to any of the disqualifying offenses identified in 49 C.F.R. \u00a7 383.51, unless his commercial driver’s license was reinstated more than two years prior to the application date, and that he either:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"C1"},"8":{"id":204477,"text":"Currently holds a commercial driver’s license of the same class or higher with all endorsements necessary to operate the commercial motor vehicle for which training will be provided and has at least two years of experience driving a commercial motor vehicle requiring a commercial driver’s license of the same or higher class or the same endorsement; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"9":{"id":204478,"text":"Currently holds a commercial driver’s license of the same class or higher with all endorsements necessary to operate the commercial motor vehicle for which training will be provided, and has at least two years of experience as a behind-the-wheel commercial motor vehicle instructor.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"10":{"id":204479,"text":"The Commissioner may issue an order suspending, revoking, cancelling, or denying renewal of a training provider’s license, certification, or authorization to provide training effective immediately if the order is based upon the removal of the school from the federal Training Provider Registry pursuant to 49 C.F.R. § 380.723. Notice of such order shall be in writing and mailed to the training provider by registered mail to the address as shown on the training provider’s most recent application and shall be considered served when mailed. Upon receipt of a request for a hearing appealing such order, the training provider shall be afforded the opportunity for a hearing as soon as practicable, but in no case later than 30 days from receipt of the hearing request. The order shall remain in effect pending the outcome of the hearing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2"}},"ancestry":[{"id":14446,"edition_id":1,"name":"Entry-Level Driver Training Providers","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14445,"metadata":{},"date_created":"2026-06-26 03:48:10","date_modified":"2026-06-26 03:48:10","permalink":{"id":231923,"object_type":"structure","relational_id":14446,"identifier":"2","token":"46.2\/IV\/17\/2","url":"\/46.2\/IV\/17\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14445,"edition_id":1,"name":"Driver Training Schools","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":13355,"metadata":{},"date_created":"2026-06-26 03:48:10","date_modified":"2026-06-26 03:48:10","permalink":{"id":231867,"object_type":"structure","relational_id":14445,"identifier":"17","token":"46.2\/IV\/17","url":"\/46.2\/IV\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13355,"edition_id":1,"name":"Dealers and Driver Training Schools","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":231065,"object_type":"structure","relational_id":13355,"identifier":"IV","token":"46.2\/IV","url":"\/46.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55820,"structure_id":14446,"section_number":"46.2-1708","catch_line":"Licenses required for school and instructors","url":"\/46.2-1708\/","token":"46.2\/IV\/17\/2\/46.2-1708","metadata":false},{"id":82407,"structure_id":14446,"section_number":"46.2-1709","catch_line":"Business and equipment requirements","url":"\/46.2-1709\/","token":"46.2\/IV\/17\/2\/46.2-1709","metadata":false},{"id":58740,"structure_id":14446,"section_number":"46.2-1710","catch_line":"Records to be maintained","url":"\/46.2-1710\/","token":"46.2\/IV\/17\/2\/46.2-1710","metadata":false},{"id":78236,"structure_id":14446,"section_number":"46.2-1711","catch_line":"Government entities authorized to provide entry-level driver training","url":"\/46.2-1711\/","token":"46.2\/IV\/17\/2\/46.2-1711","metadata":false}],"next_section":{"id":82407,"structure_id":14446,"section_number":"46.2-1709","catch_line":"Business and equipment requirements","url":"\/46.2-1709\/","token":"46.2\/IV\/17\/2\/46.2-1709","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1708\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapter 750<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2020, chapter 546<\/a>; in 2024, chapters 107<\/a> and 121<\/a>.<\/p>","references":[{"id":87240,"section_number":"46.2-1700","catch_line":"Definitions","order_by":null,"url":"\/46.2-1700\/"},{"id":78236,"section_number":"46.2-1711","catch_line":"Government entities authorized to provide entry-level driver training","order_by":null,"url":"\/46.2-1711\/"},{"id":57804,"section_number":"46.2-324.1","catch_line":"Requirements for initial licensure of certain applicants","order_by":null,"url":"\/46.2-324.1\/"},{"id":65790,"section_number":"46.2-341.14:1","catch_line":"Requirements for third party testers","order_by":null,"url":"\/46.2-341.14_1\/"}],"refers_to":false,"permalink":{"id":231925,"object_type":"law","relational_id":55820,"identifier":"46.2-1708","token":"46.2\/IV\/17\/2\/46.2-1708","url":"\/46.2-1708\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1708\/","token":"46.2\/IV\/17\/2\/46.2-1708","dublin_core":{"Title":"Licenses required for school and instructors","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1708","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A Class A driver training school<\/span> shall not provide entry-level driver training<\/span> in the Commonwealth until it has (i) been licensed pursuant to this chapter and (ii) provided the Commissioner<\/span> with its unique Training Provider<\/span> Registry number issued by FMCSA<\/span> pursuant to 49 C.F.R. § 380.703 in a form prescribed by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To become a Class A driver training school<\/span> an applicant shall include with its application evidence<\/span> that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The curriculum used for theory instruction<\/span> and behind-the-wheel training<\/span> complies with the curriculum requirements prescribed by the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The facilities used for entry-level driver training<\/span> for both theory instruction<\/span> and behind-the-wheel training<\/span> comply with all federal and state safety requirements; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The instructors<\/span> employed by the applicant driver training school<\/span> are licensed under this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The applicant driver training school<\/span> (i) uses written assessments that comply with the requirements prescribed by the Department<\/span> to determine the driver trainee’s proficiency in the knowledge objectives of each unit of instruction in the curriculum and (ii) requires driver trainees to achieve an overall minimum score of 80 percent for passage of the theory instruction<\/span> portion of the course; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The applicant driver training school<\/span> instructors<\/span> evaluate and document the driver trainee’s proficiency in the behind-the-wheel skills in accordance with the curriculum requirements prescribed by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> shall not license a behind-the-wheel instructor<\/span> or theory instructor<\/span> unless the applicant provides evidence<\/span> that his commercial driver’s license has not been disqualified, canceled, suspended, or revoked due to any of the disqualifying offenses<\/span> identified in 49 C.F.R. \u00a7 383.51, unless his commercial driver’s license was reinstated more than two years prior to the application date, and that he either: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Currently holds a commercial driver’s license of the same class or higher with all endorsements necessary to operate the commercial motor vehicle<\/span> for which training will be provided and has at least two years of experience driving a commercial motor vehicle<\/span> requiring a commercial driver’s license of the same or higher class or the same endorsement; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Currently holds a commercial driver’s license of the same class or higher with all endorsements necessary to operate the commercial motor vehicle<\/span> for which training will be provided, and has at least two years of experience as a behind-the-wheel commercial motor vehicle<\/span> instructor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commissioner<\/span> may issue<\/span> an order<\/span> suspending, revoking, cancelling, or denying renewal of a training provider<\/span>’s license, certification, or authorization to provide training effective immediately if the order<\/span> is based upon the removal of the school from the federal Training Provider<\/span> Registry pursuant to 49 C.F.R. § 380.723. Notice of such order<\/span> shall be in writing and mailed to the training provider<\/span> by registered mail to the address as shown on the training provider<\/span>’s most recent application and shall be considered served when mailed. Upon receipt of a request for a hearing<\/span> appealing such order<\/span>, the training provider<\/span> shall be afforded the opportunity for a hearing<\/span> as soon as practicable, but in no case later than 30 days from receipt of the hearing<\/span> request. The order<\/span> shall remain in effect pending the outcome of the hearing<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLICENSES REQUIRED FOR SCHOOL AND INSTRUCTORS (\u00a7 46.2-1708)\n\nA. A Class A driver training school shall not provide entry-level driver\ntraining in the Commonwealth until it has (i) been licensed pursuant to this\nchapter and (ii) provided the Commissioner with its unique Training Provider\nRegistry number issued by FMCSA pursuant to 49 C.F.R. § 380.703 in a form\nprescribed by the Department.\n\nB. To become a Class A driver training school an applicant shall include with\nits application evidence that:\n\n 1. The curriculum used for theory instruction and behind-the-wheel training\n complies with the curriculum requirements prescribed by the Department;\n\n 2. The facilities used for entry-level driver training for both theory\n instruction and behind-the-wheel training comply with all federal and state\n safety requirements;\n\n 3. The instructors employed by the applicant driver training school are\n licensed under this section;\n\n 4. The applicant driver training school (i) uses written assessments that\n comply with the requirements prescribed by the Department to determine the\n driver trainee’s proficiency in the knowledge objectives of each unit of\n instruction in the curriculum and (ii) requires driver trainees to achieve an\n overall minimum score of 80 percent for passage of the theory instruction\n portion of the course; and\n\n 5. The applicant driver training school instructors evaluate and document the\n driver trainee’s proficiency in the behind-the-wheel skills in\n accordance with the curriculum requirements prescribed by the Department.\n\nC. The Commissioner shall not license a behind-the-wheel instructor or theory\ninstructor unless the applicant provides evidence that his commercial\ndriver’s license has not been disqualified, canceled, suspended, or\nrevoked due to any of the disqualifying offenses identified in 49 C.F.R. \u00a7\n383.51, unless his commercial driver’s license was reinstated more than\ntwo years prior to the application date, and that he either:\n\n 1. Currently holds a commercial driver’s license of the same class or\n higher with all endorsements necessary to operate the commercial motor vehicle\n for which training will be provided and has at least two years of experience\n driving a commercial motor vehicle requiring a commercial driver’s\n license of the same or higher class or the same endorsement; or\n\n 2. Currently holds a commercial driver’s license of the same class or\n higher with all endorsements necessary to operate the commercial motor vehicle\n for which training will be provided, and has at least two years of experience\n as a behind-the-wheel commercial motor vehicle instructor.\n\nD. The Commissioner may issue an order suspending, revoking, cancelling, or\ndenying renewal of a training provider’s license, certification, or\nauthorization to provide training effective immediately if the order is based\nupon the removal of the school from the federal Training Provider Registry\npursuant to 49 C.F.R. § 380.723. Notice of such order shall be in writing\nand mailed to the training provider by registered mail to the address as shown\non the training provider’s most recent application and shall be considered\nserved when mailed. Upon receipt of a request for a hearing appealing such\norder, the training provider shall be afforded the opportunity for a hearing as\nsoon as practicable, but in no case later than 30 days from receipt of the\nhearing request. The order shall remain in effect pending the outcome of the\nhearing.\n\nHISTORY: 2019, c. 750; 2020, c. 546; 2024, cc. 107, 121.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}