{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-326.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-326.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-326.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-326.1.html"}],"law_id":61645,"edition_id":1,"section_id":61645,"structure_id":13718,"section_number":"46.2-326.1","catch_line":"Designation of commercial driver’s license skills testing examiners","history":"2019, cc. 78, 155; 2023, cc. 308, 309.","full_text":"A\n\nNotwithstanding the provisions of § 46.2-1702 and unless the Commissioner identifies grounds that would be cause for cancellation of a certification pursuant to subsection D of § 46.2-341.14:5 during the application process, the Department shall certify a licensed Class A driver training school as a third party tester, as defined in § 46.2-341.4, to conduct skills tests if, in addition to the requirements listed in subsections B and C of § 46.2-341.14:1, the school (i) has a program length of 160 hours or more and (ii) maintains a bond in the amount of $100,000 to pay for retesting drivers in the event that the third party tester or one or more of its third party examiners, as defined in § 46.2-341.4, are involved in fraudulent activities related to conducting knowledge or skills testing for applicants.\n\t\t\tThe bond required by this subsection shall be in lieu of the bond required in subdivision C 5 of § 46.2-341.14:1 but in addition to the bond required for a licensed Class A driver training school.B\n\nLicensed Class A driver training schools meeting the requirements of subsection A may apply to the Department for certification as a third party tester. Such application shall include the information required in the application in § 46.2-341.14:3 and shall include (i) evidence of the requirements listed in subsection A; (ii) an application for an employee who will act as a third party examiner; (iii) evidence that the licensed Class A driver training school has maintained a place of business in the Commonwealth for at least three years and has maintained its licensure in good standing or that the third party examiner has been licensed as an instructor, as defined in § 46.2-1700, at a licensed Class A driver training school for a minimum of two years and has maintained such licensure in good standing; and (iv) a nonrefundable $150 application fee. Such certification shall be valid for a period of two years.\n\t\t\tThe first third party tester certification issued to a licensed Class A driver training school shall expire on the same date as such Class A driver training school’s license, and the first application fee may be prorated on a monthly basis. Thereafter, the renewal period for the third party tester certification shall match that of the Class A driver training school license.\n\t\t\tFor the purposes of this subsection, “good standing” means that the instructor has not had sanctions levied against him by the Department for actions related to his role as an instructor or that the driver training school has not had sanctions levied by the Department for actions related to participation in the Class A driver training school program.C\n\nIf the Department fails to certify a licensed Class A driver training school applicant, the Department shall communicate to the applicant its decision and the reason for denial in writing within 60 days of submission of the application.D\n\nLicensed Class A driver training schools operating as third party testers shall:1\n\nRemit $50 per skills test to the Department in accordance with § 46.2-341.13;2\n\nSubmit to the Department the results of each skills test administered in a form prescribed by the Department;3\n\nTest only individuals receiving instruction and training from that school; and4\n\nNot require their students to be tested at their driver training school.E\n\nIndividuals intending to act as third party examiners for a licensed Class A driver training school that is operating as a third party tester shall meet the requirements in § 46.2-341.14:2 and submit to the Department an application that includes (i) the information in the application required by § 46.2-341.14:3, (ii) evidence of their employment by a licensed Class A driver training school that is operating as a third party tester, and (iii) a nonrefundable $75 application fee. Such certification shall be valid for a period of two years.\n\t\t\tThe first third party examiner certification issued to an individual shall expire on the same date as the third party tester’s certification, and the first application fee may be prorated on a monthly basis. Thereafter, the renewal period for the third party examiner certification shall match that of the third party tester certification.F\n\nThe Department shall have the authority to revoke or cancel the third party tester certification of a licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of this section or any third party examiner employed by such Class A driver training school, effective immediately, for any reason enumerated in § 46.2-341.14:5. A licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of this section or any third party examiner employed by such Class A driver training school shall not administer skills tests if its authority to provide training has been revoked, canceled, or suspended by the Department pursuant to § 46.2-1705 or any other provision of law.","order_by":null,"text":{"0":{"id":225052,"text":"Notwithstanding the provisions of § 46.2-1702 and unless the Commissioner identifies grounds that would be cause for cancellation of a certification pursuant to subsection D of § 46.2-341.14:5 during the application process, the Department shall certify a licensed Class A driver training school as a third party tester, as defined in § 46.2-341.4, to conduct skills tests if, in addition to the requirements listed in subsections B and C of § 46.2-341.14:1, the school (i) has a program length of 160 hours or more and (ii) maintains a bond in the amount of $100,000 to pay for retesting drivers in the event that the third party tester or one or more of its third party examiners, as defined in § 46.2-341.4, are involved in fraudulent activities related to conducting knowledge or skills testing for applicants.\n\t\t\tThe bond required by this subsection shall be in lieu of the bond required in subdivision C 5 of § 46.2-341.14:1 but in addition to the bond required for a licensed Class A driver training school.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225053,"text":"Licensed Class A driver training schools meeting the requirements of subsection A may apply to the Department for certification as a third party tester. Such application shall include the information required in the application in § 46.2-341.14:3 and shall include (i) evidence of the requirements listed in subsection A; (ii) an application for an employee who will act as a third party examiner; (iii) evidence that the licensed Class A driver training school has maintained a place of business in the Commonwealth for at least three years and has maintained its licensure in good standing or that the third party examiner has been licensed as an instructor, as defined in § 46.2-1700, at a licensed Class A driver training school for a minimum of two years and has maintained such licensure in good standing; and (iv) a nonrefundable $150 application fee. Such certification shall be valid for a period of two years.\n\t\t\tThe first third party tester certification issued to a licensed Class A driver training school shall expire on the same date as such Class A driver training school’s license, and the first application fee may be prorated on a monthly basis. Thereafter, the renewal period for the third party tester certification shall match that of the Class A driver training school license.\n\t\t\tFor the purposes of this subsection, “good standing” means that the instructor has not had sanctions levied against him by the Department for actions related to his role as an instructor or that the driver training school has not had sanctions levied by the Department for actions related to participation in the Class A driver training school program.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":225054,"text":"If the Department fails to certify a licensed Class A driver training school applicant, the Department shall communicate to the applicant its decision and the reason for denial in writing within 60 days of submission of the application.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":225055,"text":"Licensed Class A driver training schools operating as third party testers shall:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":225056,"text":"Remit $50 per skills test to the Department in accordance with § 46.2-341.13;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":225057,"text":"Submit to the Department the results of each skills test administered in a form prescribed by the Department;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":225058,"text":"Test only individuals receiving instruction and training from that school; and","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":225059,"text":"Not require their students to be tested at their driver training school.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"E"},"8":{"id":225060,"text":"Individuals intending to act as third party examiners for a licensed Class A driver training school that is operating as a third party tester shall meet the requirements in § 46.2-341.14:2 and submit to the Department an application that includes (i) the information in the application required by § 46.2-341.14:3, (ii) evidence of their employment by a licensed Class A driver training school that is operating as a third party tester, and (iii) a nonrefundable $75 application fee. Such certification shall be valid for a period of two years.\n\t\t\tThe first third party examiner certification issued to an individual shall expire on the same date as the third party tester’s certification, and the first application fee may be prorated on a monthly basis. Thereafter, the renewal period for the third party examiner certification shall match that of the third party tester certification.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D4","next_prefix":"F"},"9":{"id":225061,"text":"The Department shall have the authority to revoke or cancel the third party tester certification of a licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of this section or any third party examiner employed by such Class A driver training school, effective immediately, for any reason enumerated in § 46.2-341.14:5. A licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of this section or any third party examiner employed by such Class A driver training school shall not administer skills tests if its authority to provide training has been revoked, canceled, or suspended by the Department pursuant to § 46.2-1705 or any other provision of law.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13718,"edition_id":1,"name":"Obtaining Licenses, Generally","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:39","date_modified":"2026-06-26 03:45:39","permalink":{"id":226437,"object_type":"structure","relational_id":13718,"identifier":"4","token":"46.2\/II\/3\/4","url":"\/46.2\/II\/3\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","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":74834,"structure_id":13718,"section_number":"46.2-323","catch_line":"Application for driver's license; proof of completion of driver education program; penalty","url":"\/46.2-323\/","token":"46.2\/II\/3\/4\/46.2-323","metadata":false},{"id":65529,"structure_id":13718,"section_number":"46.2-323.01","catch_line":"Issuance of credentials; relationship with federal law","url":"\/46.2-323.01\/","token":"46.2\/II\/3\/4\/46.2-323.01","metadata":false},{"id":61204,"structure_id":13718,"section_number":"46.2-323.1","catch_line":"Certification of Virginia residency; nonresidents not eligible for credentials; penalty","url":"\/46.2-323.1\/","token":"46.2\/II\/3\/4\/46.2-323.1","metadata":false},{"id":73056,"structure_id":13718,"section_number":"46.2-324","catch_line":"Applicants and license holders to notify Department of change of address; fee","url":"\/46.2-324\/","token":"46.2\/II\/3\/4\/46.2-324","metadata":false},{"id":57804,"structure_id":13718,"section_number":"46.2-324.1","catch_line":"Requirements for initial licensure of certain applicants","url":"\/46.2-324.1\/","token":"46.2\/II\/3\/4\/46.2-324.1","metadata":false},{"id":66333,"structure_id":13718,"section_number":"46.2-325","catch_line":"Examination of applicants; waiver of Department's examination under certain circumstances; behind-the-wheel and knowledge examinations","url":"\/46.2-325\/","token":"46.2\/II\/3\/4\/46.2-325","metadata":false},{"id":63436,"structure_id":13718,"section_number":"46.2-326","catch_line":"Designation of examiners; conduct of examination; reports","url":"\/46.2-326\/","token":"46.2\/II\/3\/4\/46.2-326","metadata":false},{"id":61645,"structure_id":13718,"section_number":"46.2-326.1","catch_line":"Designation of commercial driver's license skills testing examiners","url":"\/46.2-326.1\/","token":"46.2\/II\/3\/4\/46.2-326.1","metadata":false},{"id":75238,"structure_id":13718,"section_number":"46.2-327","catch_line":"Copies of applications; record of licenses and learner's permits issued, suspended, or revoked","url":"\/46.2-327\/","token":"46.2\/II\/3\/4\/46.2-327","metadata":false},{"id":64850,"structure_id":13718,"section_number":"46.2-328","catch_line":"Department to issue licenses; endorsements, classifications, and restrictions authorizing operation of certain vehicles","url":"\/46.2-328\/","token":"46.2\/II\/3\/4\/46.2-328","metadata":false},{"id":55310,"structure_id":13718,"section_number":"46.2-328.1","catch_line":"Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance","url":"\/46.2-328.1\/","token":"46.2\/II\/3\/4\/46.2-328.1","metadata":false},{"id":54709,"structure_id":13718,"section_number":"46.2-328.2","catch_line":"Department to issue documents; veteran indicator","url":"\/46.2-328.2\/","token":"46.2\/II\/3\/4\/46.2-328.2","metadata":false},{"id":61156,"structure_id":13718,"section_number":"46.2-328.3","catch_line":"Driver privilege cards and permits","url":"\/46.2-328.3\/","token":"46.2\/II\/3\/4\/46.2-328.3","metadata":false},{"id":66576,"structure_id":13718,"section_number":"46.2-329","catch_line":"Special restrictions on particular licensees","url":"\/46.2-329\/","token":"46.2\/II\/3\/4\/46.2-329","metadata":false},{"id":55697,"structure_id":13718,"section_number":"46.2-330","catch_line":"Expiration and renewal of licenses; examinations required","url":"\/46.2-330\/","token":"46.2\/II\/3\/4\/46.2-330","metadata":false},{"id":78255,"structure_id":13718,"section_number":"46.2-331","catch_line":"Repealed","url":"\/46.2-331\/","token":"46.2\/II\/3\/4\/46.2-331","metadata":false},{"id":74767,"structure_id":13718,"section_number":"46.2-332","catch_line":"Fees","url":"\/46.2-332\/","token":"46.2\/II\/3\/4\/46.2-332","metadata":false},{"id":57057,"structure_id":13718,"section_number":"46.2-333","catch_line":"Disposition of fees; expenses","url":"\/46.2-333\/","token":"46.2\/II\/3\/4\/46.2-333","metadata":false},{"id":87183,"structure_id":13718,"section_number":"46.2-333.1","catch_line":"Surcharges on certain fees of Department; disposition of proceeds","url":"\/46.2-333.1\/","token":"46.2\/II\/3\/4\/46.2-333.1","metadata":false}],"previous_section":{"id":63436,"structure_id":13718,"section_number":"46.2-326","catch_line":"Designation of examiners; conduct of examination; reports","url":"\/46.2-326\/","token":"46.2\/II\/3\/4\/46.2-326","metadata":false},"next_section":{"id":75238,"structure_id":13718,"section_number":"46.2-327","catch_line":"Copies of applications; record of licenses and learner's permits issued, suspended, or revoked","url":"\/46.2-327\/","token":"46.2\/II\/3\/4\/46.2-327","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-326.1\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapters 78<\/a> and 155<\/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 1 time. 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. That modification is as follows: in 2023, chapters 308<\/a> and 309<\/a>.<\/p>","references":[{"id":80192,"section_number":"46.2-1702","catch_line":"Certification of driver education courses by Commissioner","order_by":null,"url":"\/46.2-1702\/"},{"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":[{"id":87240,"section_number":"46.2-1700","catch_line":"Definitions","order_by":null,"url":"\/46.2-1700\/"},{"id":80192,"section_number":"46.2-1702","catch_line":"Certification of driver education courses by Commissioner","order_by":null,"url":"\/46.2-1702\/"},{"id":58859,"section_number":"46.2-1705","catch_line":"Suspension, revocation, cancellation, or refusal to renew license; limitations on operations; imposition of monetary penalties","order_by":null,"url":"\/46.2-1705\/"},{"id":69557,"section_number":"46.2-341.13","catch_line":"Disposition of fees","order_by":null,"url":"\/46.2-341.13\/"},{"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\/"},{"id":74641,"section_number":"46.2-341.14:2","catch_line":"Requirements for third party examiners","order_by":null,"url":"\/46.2-341.14_2\/"},{"id":67015,"section_number":"46.2-341.14:3","catch_line":"Application for certification by the Department","order_by":null,"url":"\/46.2-341.14_3\/"},{"id":62670,"section_number":"46.2-341.14:5","catch_line":"Terminating certification of third party tester or examiner","order_by":null,"url":"\/46.2-341.14_5\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"}],"permalink":{"id":226467,"object_type":"law","relational_id":61645,"identifier":"46.2-326.1","token":"46.2\/II\/3\/4\/46.2-326.1","url":"\/46.2-326.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-326.1\/","token":"46.2\/II\/3\/4\/46.2-326.1","dublin_core":{"Title":"Designation of commercial driver’s license skills testing examiners","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-326.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of § 46.2-1702<\/a> and unless the Commissioner<\/span> identifies grounds that would be cause for cancellation<\/span> of a certification pursuant to subsection D of § 46.2-341.14:5<\/a> during the application process, the Department<\/span> shall certify a licensed Class A driver<\/span> training school as a third party<\/span> tester, as defined in § 46.2-341.4<\/a>, to conduct skills tests if, in addition to the requirements listed in subsections B and C of § 46.2-341.14:1<\/a>, the school (i) has a program length of 160 hours or more and (ii) maintains a bond<\/span> in the amount of $100,000 to pay for retesting drivers<\/span> in the event that the third party<\/span> tester or one or more of its third party<\/span> examiners, as defined in § 46.2-341.4<\/a>, are involved in fraudulent activities related to conducting knowledge or skills testing for applicants.\n\t\t\tThe bond<\/span> required by this subsection shall be in lieu of the bond<\/span> required in subdivision C 5 of § 46.2-341.14:1<\/a> but in addition to the bond<\/span> required for a licensed Class A driver<\/span> training school. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Licensed Class A driver<\/span> training schools meeting the requirements of subsection A may apply to the Department<\/span> for certification as a third party<\/span> tester. Such application shall include the information required in the application in § 46.2-341.14:3<\/a> and shall include (i) evidence<\/span> of the requirements listed in subsection A; (ii) an application for an employee who will act as a third party<\/span> examiner; (iii) evidence<\/span> that the licensed Class A driver<\/span> training school has maintained a place of business in the Commonwealth for at least three years and has maintained its licensure in good standing<\/span> or that the third party<\/span> examiner has been licensed as an instructor<\/span>, as defined in § 46.2-1700<\/a>, at a licensed Class A driver<\/span> training school for a minimum of two years and has maintained such licensure in good standing<\/span>; and (iv) a nonrefundable $150 application fee. Such certification shall be valid for a period of two years.\n\t\t\tThe first third party<\/span> tester certification issued to a licensed Class A driver<\/span> training school shall expire on the same date as such Class A driver<\/span> training school’s license, and the first application fee may be prorated on a monthly basis. Thereafter, the renewal period for the third party<\/span> tester certification shall match that of the Class A driver<\/span> training school license.\n\t\t\tFor the purposes of this subsection, “good standing<\/span>” means that the instructor<\/span> has not had sanctions<\/span> levied against him by the Department<\/span> for actions related to his role as an instructor<\/span> or that the driver<\/span> training school has not had sanctions<\/span> levied by the Department<\/span> for actions related to participation in the Class A driver<\/span> training school program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Department<\/span> fails to certify a licensed Class A driver<\/span> training school applicant, the Department<\/span> shall communicate to the applicant its decision and the reason for denial in writing within 60 days of submission of the application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Licensed Class A driver<\/span> training schools operating as third party<\/span> testers shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Remit $50 per skills test to the Department<\/span> in accordance with § 46.2-341.13<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Submit to the Department<\/span> the results of each skills test administered in a form prescribed by the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Test only individuals receiving instruction and training from that school; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Not require their students to be tested at their driver<\/span> training school. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Individuals intending to act as third party<\/span> examiners for a licensed Class A driver<\/span> training school that is operating as a third party<\/span> tester shall meet the requirements in § 46.2-341.14:2<\/a> and submit to the Department<\/span> an application that includes (i) the information in the application required by § 46.2-341.14:3<\/a>, (ii) evidence<\/span> of their employment by a licensed Class A driver<\/span> training school that is operating as a third party<\/span> tester, and (iii) a nonrefundable $75 application fee. Such certification shall be valid for a period of two years.\n\t\t\tThe first third party<\/span> examiner certification issued to an individual shall expire on the same date as the third party<\/span> tester’s certification, and the first application fee may be prorated on a monthly basis. Thereafter, the renewal period for the third party<\/span> examiner certification shall match that of the third party<\/span> tester certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span> shall have the authority to revoke<\/span> or cancel<\/span> the third party<\/span> tester certification of a licensed Class A driver<\/span> training school permitted to administer skills tests pursuant to the provisions of this section or any third party<\/span> examiner employed by such Class A driver<\/span> training school, effective immediately, for any reason enumerated in § 46.2-341.14:5<\/a>. A licensed Class A driver<\/span> training school permitted to administer skills tests pursuant to the provisions of this section or any third party<\/span> examiner employed by such Class A driver<\/span> training school shall not administer skills tests if its authority to provide training has been revoked, canceled, or suspended by the Department<\/span> pursuant to § 46.2-1705<\/a> or any other provision of law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDESIGNATION OF COMMERCIAL DRIVER’S LICENSE SKILLS TESTING EXAMINERS (\u00a7\n46.2-326.1)\n\nA. Notwithstanding the provisions of § 46.2-1702 and unless the\nCommissioner identifies grounds that would be cause for cancellation of a\ncertification pursuant to subsection D of § 46.2-341.14:5 during the\napplication process, the Department shall certify a licensed Class A driver\ntraining school as a third party tester, as defined in § 46.2-341.4, to\nconduct skills tests if, in addition to the requirements listed in subsections B\nand C of § 46.2-341.14:1, the school (i) has a program length of 160 hours\nor more and (ii) maintains a bond in the amount of $100,000 to pay for retesting\ndrivers in the event that the third party tester or one or more of its third\nparty examiners, as defined in § 46.2-341.4, are involved in fraudulent\nactivities related to conducting knowledge or skills testing for applicants.\n\t\t\tThe bond required by this subsection shall be in lieu of the bond required in\nsubdivision C 5 of § 46.2-341.14:1 but in addition to the bond required for\na licensed Class A driver training school.\n\nB. Licensed Class A driver training schools meeting the requirements of\nsubsection A may apply to the Department for certification as a third party\ntester. Such application shall include the information required in the\napplication in § 46.2-341.14:3 and shall include (i) evidence of the\nrequirements listed in subsection A; (ii) an application for an employee who\nwill act as a third party examiner; (iii) evidence that the licensed Class A\ndriver training school has maintained a place of business in the Commonwealth\nfor at least three years and has maintained its licensure in good standing or\nthat the third party examiner has been licensed as an instructor, as defined in\n§ 46.2-1700, at a licensed Class A driver training school for a minimum of\ntwo years and has maintained such licensure in good standing; and (iv) a\nnonrefundable $150 application fee. Such certification shall be valid for a\nperiod of two years.\n\t\t\tThe first third party tester certification issued to a licensed Class A\ndriver training school shall expire on the same date as such Class A driver\ntraining school’s license, and the first application fee may be prorated\non a monthly basis. Thereafter, the renewal period for the third party tester\ncertification shall match that of the Class A driver training school license.\n\t\t\tFor the purposes of this subsection, “good standing” means that\nthe instructor has not had sanctions levied against him by the Department for\nactions related to his role as an instructor or that the driver training school\nhas not had sanctions levied by the Department for actions related to\nparticipation in the Class A driver training school program.\n\nC. If the Department fails to certify a licensed Class A driver training school\napplicant, the Department shall communicate to the applicant its decision and\nthe reason for denial in writing within 60 days of submission of the\napplication.\n\nD. Licensed Class A driver training schools operating as third party testers\nshall:\n\n 1. Remit $50 per skills test to the Department in accordance with §\n 46.2-341.13;\n\n 2. Submit to the Department the results of each skills test administered in a\n form prescribed by the Department;\n\n 3. Test only individuals receiving instruction and training from that school;\n and\n\n 4. Not require their students to be tested at their driver training school.\n\nE. Individuals intending to act as third party examiners for a licensed Class A\ndriver training school that is operating as a third party tester shall meet the\nrequirements in § 46.2-341.14:2 and submit to the Department an application\nthat includes (i) the information in the application required by §\n46.2-341.14:3, (ii) evidence of their employment by a licensed Class A driver\ntraining school that is operating as a third party tester, and (iii) a\nnonrefundable $75 application fee. Such certification shall be valid for a\nperiod of two years.\n\t\t\tThe first third party examiner certification issued to an individual shall\nexpire on the same date as the third party tester’s certification, and the\nfirst application fee may be prorated on a monthly basis. Thereafter, the\nrenewal period for the third party examiner certification shall match that of\nthe third party tester certification.\n\nF. The Department shall have the authority to revoke or cancel the third party\ntester certification of a licensed Class A driver training school permitted to\nadminister skills tests pursuant to the provisions of this section or any third\nparty examiner employed by such Class A driver training school, effective\nimmediately, for any reason enumerated in § 46.2-341.14:5. A licensed Class\nA driver training school permitted to administer skills tests pursuant to the\nprovisions of this section or any third party examiner employed by such Class A\ndriver training school shall not administer skills tests if its authority to\nprovide training has been revoked, canceled, or suspended by the Department\npursuant to § 46.2-1705 or any other provision of law.\n\nHISTORY: 2019, cc. 78, 155; 2023, cc. 308, 309.","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}}