{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.14_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.14_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.14_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.14_1.html"}],"law_id":65790,"edition_id":1,"section_id":65790,"structure_id":13626,"section_number":"46.2-341.14:1","catch_line":"Requirements for third party testers","history":"2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2016, c. 429; 2019, cc. 78, 155, 750; 2022, cc. 60, 139, 292.","full_text":"A\n\nPursuant to § 46.2-341.14, third party testers will be authorized to issue skills test certificates, which will be accepted by the Department as evidence of satisfaction of the skills test component of the commercial driver’s license examination. Authority to issue skills test certificates will be granted only to third party testers certified by the Department.B\n\nTo qualify for certification, a third party tester shall:1\n\nMake application to and enter into an agreement with the Department as provided in § 46.2-341.14:3;2\n\nMaintain a place of business in the Commonwealth;3\n\nHave at least one certified third party examiner in his employ;4\n\nEnsure that all third party examiners in his employ are certified and comply with the requirements of §§ 46.2-341.14:2 and 46.2-341.14:7;5\n\nPermit the Department and the FMCSA of the U.S. Department of Transportation to conduct random examinations, inspections, and audits of its records, facilities, and operations that relate to the third party testing program without prior notice;6\n\nMaintain at the principal place of business a copy of the state certificate authorizing the third party tester to administer a commercial driver’s license testing program and current third party agreement;7\n\nMaintain at a location in the Commonwealth, for a minimum of two years after a skills test is conducted, a record of each driver for whom the third party tester conducts a skills test, whether the driver passes or fails the test. Each such record shall include:\n\t\t\t\ta. The complete name of the driver;\n\t\t\t\tb. The driver’s social security number or other driver’s license number and the name of the state or jurisdiction that issued the license held by the driver at the time of the test;\n\t\t\t\tc. The date the driver took the skills test;\n\t\t\t\td. The test score sheet or sheets showing the results of the skills test and a copy of the skills test certificate, if issued;\n\t\t\t\te. The name and certification number of the third party examiner conducting the skills test; and\n\t\t\t\tf. Evidence of the driver’s employment with the third party tester at the time the test was taken, unless the third party tester is a governmental entity, including a comprehensive community college in the Virginia Community College System, that tests drivers who are not employed by that governmental entity, or a Class A driver training school certified as a third party tester pursuant to § 46.2-326. If the third party tester is a governmental entity that tests drivers who are not employed by that governmental entity, the third party tester shall maintain evidence that the driver was employed by a governmental entity or enrolled in a commercial driver training course offered by a community college at the time the test was taken. If the testing entity is a Class A driver training school certified as a third party tester pursuant to § 46.2-326.1, the third party tester shall maintain evidence that the driver was a student enrolled in that Class A driver training school at the time the test was taken. If the driver was trained or employed by a school board, the third party tester shall maintain evidence that the driver was trained in accordance with the Virginia School Bus Driver Training Curriculum Guide;8\n\nMaintain at a location in the Commonwealth a record of each third party examiner in the employ of the third party tester. Each record shall include:\n\t\t\t\ta. Name and social security number;\n\t\t\t\tb. Evidence of the third party examiner’s certification by the Department;\n\t\t\t\tc. A copy of the third party examiner’s current training and driving record, which must be updated annually;\n\t\t\t\td. Evidence that the third party examiner is an employee of the third party tester; and\n\t\t\t\te. If the third party tester is a school board, a copy of the third party examiner’s certification of instruction issued by the Department of Education;9\n\nRetain the records required in subdivision 8 for at least two years after the third party examiner leaves the employ of the third party tester;10\n\nEnsure that skills tests are conducted, and that skills test certificates are issued in accordance with the requirements of §§ 46.2-341.14:8 and 46.2-341.14:9 and the instructions provided by the Department;11\n\nMaintain compliance with all applicable provisions of this article and the third party tester agreement executed pursuant to § 46.2-341.14:3; and12\n\nMaintain a copy of the third party tester’s road test route or routes approved by the Department.C\n\nIn addition to the requirements listed in subsection B, all third party testers who are not governmental entities, including a comprehensive community college in the Virginia Community College System, shall:1\n\nBe engaged in a business involving the use of commercial motor vehicles, which business has been in operation in the Commonwealth for a minimum of one year;2\n\nFor employers that are testing their own employees, employ at least 50 drivers of commercial motor vehicles licensed in the Commonwealth during the 12-month period preceding the application, including part-time and seasonal drivers. This requirement may be waived by the Department pursuant to § 46.2-341.14:10;3\n\nIf subject to the FMCSA regulations as a motor carrier and rated by the U.S. Department of Transportation, maintain a rating of “satisfactory”;4\n\nComply with the Virginia Motor Carrier Safety Regulations; and5\n\nInitiate and maintain a bond in the amount of $5,000 to pay for retesting drivers in the event that the third party tester or one or more of its examiners are involved in fraudulent activities related to conducting knowledge or skills testing for applicants.D\n\nCertified third party testers are authorized to provide entry-level driver training to any individual to whom the third party tester would be permitted to administer a skills test pursuant to this article. If a certified third party tester elects to provide entry-level driver training, the third party tester shall (i) employ and utilize third party instructors, as defined in § 46.2-341.4, to provide all training and instruction to entry-level driver trainees; (ii) develop an entry-level driver training curriculum that complies with requirements prescribed by the Department and submit such curriculum to the Department for approval; (iii) upon notification by the Department that curriculum requirements have been updated, certify, in a format prescribed by the Department, that the third party tester has added the new topics to the course curriculum; and (iv) comply with the requirements provided in §§ 46.2-1708 through 46.2-1710. Notwithstanding the provisions of § 46.2-1708, no third party tester or third party instructor shall be required to be licensed by the Department. A certified third party tester may not provide entry-level driver training to driver trainees until such tester has been issued a unique training provider number and appears on the federal Training Provider Registry.","order_by":null,"text":{"0":{"id":239113,"text":"Pursuant to § 46.2-341.14, third party testers will be authorized to issue skills test certificates, which will be accepted by the Department as evidence of satisfaction of the skills test component of the commercial driver’s license examination. Authority to issue skills test certificates will be granted only to third party testers certified by the Department.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":239114,"text":"To qualify for certification, a third party tester shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":239115,"text":"Make application to and enter into an agreement with the Department as provided in § 46.2-341.14:3;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":239116,"text":"Maintain a place of business in the Commonwealth;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":239117,"text":"Have at least one certified third party examiner in his employ;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":239118,"text":"Ensure that all third party examiners in his employ are certified and comply with the requirements of §§ 46.2-341.14:2 and 46.2-341.14:7;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":239119,"text":"Permit the Department and the FMCSA of the U.S. Department of Transportation to conduct random examinations, inspections, and audits of its records, facilities, and operations that relate to the third party testing program without prior notice;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":239120,"text":"Maintain at the principal place of business a copy of the state certificate authorizing the third party tester to administer a commercial driver’s license testing program and current third party agreement;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":239121,"text":"Maintain at a location in the Commonwealth, for a minimum of two years after a skills test is conducted, a record of each driver for whom the third party tester conducts a skills test, whether the driver passes or fails the test. Each such record shall include:\n\t\t\t\ta. The complete name of the driver;\n\t\t\t\tb. The driver’s social security number or other driver’s license number and the name of the state or jurisdiction that issued the license held by the driver at the time of the test;\n\t\t\t\tc. The date the driver took the skills test;\n\t\t\t\td. The test score sheet or sheets showing the results of the skills test and a copy of the skills test certificate, if issued;\n\t\t\t\te. The name and certification number of the third party examiner conducting the skills test; and\n\t\t\t\tf. Evidence of the driver’s employment with the third party tester at the time the test was taken, unless the third party tester is a governmental entity, including a comprehensive community college in the Virginia Community College System, that tests drivers who are not employed by that governmental entity, or a Class A driver training school certified as a third party tester pursuant to § 46.2-326. If the third party tester is a governmental entity that tests drivers who are not employed by that governmental entity, the third party tester shall maintain evidence that the driver was employed by a governmental entity or enrolled in a commercial driver training course offered by a community college at the time the test was taken. If the testing entity is a Class A driver training school certified as a third party tester pursuant to § 46.2-326.1, the third party tester shall maintain evidence that the driver was a student enrolled in that Class A driver training school at the time the test was taken. If the driver was trained or employed by a school board, the third party tester shall maintain evidence that the driver was trained in accordance with the Virginia School Bus Driver Training Curriculum Guide;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":239122,"text":"Maintain at a location in the Commonwealth a record of each third party examiner in the employ of the third party tester. Each record shall include:\n\t\t\t\ta. Name and social security number;\n\t\t\t\tb. Evidence of the third party examiner’s certification by the Department;\n\t\t\t\tc. A copy of the third party examiner’s current training and driving record, which must be updated annually;\n\t\t\t\td. Evidence that the third party examiner is an employee of the third party tester; and\n\t\t\t\te. If the third party tester is a school board, a copy of the third party examiner’s certification of instruction issued by the Department of Education;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":239123,"text":"Retain the records required in subdivision 8 for at least two years after the third party examiner leaves the employ of the third party tester;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":239124,"text":"Ensure that skills tests are conducted, and that skills test certificates are issued in accordance with the requirements of §§ 46.2-341.14:8 and 46.2-341.14:9 and the instructions provided by the Department;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":239125,"text":"Maintain compliance with all applicable provisions of this article and the third party tester agreement executed pursuant to § 46.2-341.14:3; and","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":239126,"text":"Maintain a copy of the third party tester’s road test route or routes approved by the Department.","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"C"},"14":{"id":239127,"text":"In addition to the requirements listed in subsection B, all third party testers who are not governmental entities, including a comprehensive community college in the Virginia Community College System, shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B12","next_prefix":"C1"},"15":{"id":239128,"text":"Be engaged in a business involving the use of commercial motor vehicles, which business has been in operation in the Commonwealth for a minimum of one year;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"16":{"id":239129,"text":"For employers that are testing their own employees, employ at least 50 drivers of commercial motor vehicles licensed in the Commonwealth during the 12-month period preceding the application, including part-time and seasonal drivers. This requirement may be waived by the Department pursuant to § 46.2-341.14:10;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"17":{"id":239130,"text":"If subject to the FMCSA regulations as a motor carrier and rated by the U.S. Department of Transportation, maintain a rating of “satisfactory”;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"18":{"id":239131,"text":"Comply with the Virginia Motor Carrier Safety Regulations; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"19":{"id":239132,"text":"Initiate and maintain a bond in the amount of $5,000 to pay for retesting drivers in the event that the third party tester or one or more of its examiners are involved in fraudulent activities related to conducting knowledge or skills testing for applicants.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"20":{"id":239133,"text":"Certified third party testers are authorized to provide entry-level driver training to any individual to whom the third party tester would be permitted to administer a skills test pursuant to this article. If a certified third party tester elects to provide entry-level driver training, the third party tester shall (i) employ and utilize third party instructors, as defined in § 46.2-341.4, to provide all training and instruction to entry-level driver trainees; (ii) develop an entry-level driver training curriculum that complies with requirements prescribed by the Department and submit such curriculum to the Department for approval; (iii) upon notification by the Department that curriculum requirements have been updated, certify, in a format prescribed by the Department, that the third party tester has added the new topics to the course curriculum; and (iv) comply with the requirements provided in §§ 46.2-1708 through 46.2-1710. Notwithstanding the provisions of § 46.2-1708, no third party tester or third party instructor shall be required to be licensed by the Department. A certified third party tester may not provide entry-level driver training to driver trainees until such tester has been issued a unique training provider number and appears on the federal Training Provider Registry.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5"}},"ancestry":[{"id":13626,"edition_id":1,"name":"Commercial Driver's Licenses","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":226575,"object_type":"structure","relational_id":13626,"identifier":"6.1","token":"46.2\/II\/3\/6.1","url":"\/46.2\/II\/3\/6.1\/","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":62139,"structure_id":13626,"section_number":"46.2-341.1","catch_line":"Title","url":"\/46.2-341.1\/","token":"46.2\/II\/3\/6.1\/46.2-341.1","metadata":false},{"id":86072,"structure_id":13626,"section_number":"46.2-341.10","catch_line":"Special provisions relating to commercial learner's permit","url":"\/46.2-341.10\/","token":"46.2\/II\/3\/6.1\/46.2-341.10","metadata":false},{"id":55427,"structure_id":13626,"section_number":"46.2-341.10:1","catch_line":"Seasonal restricted commercial drivers' licenses","url":"\/46.2-341.10_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.10_1","metadata":false},{"id":80884,"structure_id":13626,"section_number":"46.2-341.11","catch_line":"Commercial drivers required to notify the Department of change of address","url":"\/46.2-341.11\/","token":"46.2\/II\/3\/6.1\/46.2-341.11","metadata":false},{"id":72843,"structure_id":13626,"section_number":"46.2-341.12","catch_line":"Application for commercial driver's license or commercial learner's permit","url":"\/46.2-341.12\/","token":"46.2\/II\/3\/6.1\/46.2-341.12","metadata":false},{"id":69557,"structure_id":13626,"section_number":"46.2-341.13","catch_line":"Disposition of fees","url":"\/46.2-341.13\/","token":"46.2\/II\/3\/6.1\/46.2-341.13","metadata":false},{"id":56197,"structure_id":13626,"section_number":"46.2-341.14","catch_line":"Testing requirements for commercial driver's license; 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Patriot Act of 2001","url":"\/46.2-341.16_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.16_1","metadata":false},{"id":82719,"structure_id":13626,"section_number":"46.2-341.17","catch_line":"Penalty for violation of this article","url":"\/46.2-341.17\/","token":"46.2\/II\/3\/6.1\/46.2-341.17","metadata":false},{"id":86335,"structure_id":13626,"section_number":"46.2-341.18","catch_line":"Disqualification for certain offenses","url":"\/46.2-341.18\/","token":"46.2\/II\/3\/6.1\/46.2-341.18","metadata":false},{"id":73592,"structure_id":13626,"section_number":"46.2-341.18:01","catch_line":"Disqualification for violation of out-of-service order; commercial motor vehicle designed to transport 16 or more passengers; commercial motor vehicle used to transport hazardous materials","url":"\/46.2-341.18_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.18_01","metadata":false},{"id":73775,"structure_id":13626,"section_number":"46.2-341.18:1","catch_line":"Disqualification for certain alcohol-related offenses committed in other jurisdictions whose laws provide for disqualification for such offenses without a conviction","url":"\/46.2-341.18_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.18_1","metadata":false},{"id":54595,"structure_id":13626,"section_number":"46.2-341.18:2","catch_line":"Disqualification for use of urine-masking agent or device","url":"\/46.2-341.18_2\/","token":"46.2\/II\/3\/6.1\/46.2-341.18_2","metadata":false},{"id":85417,"structure_id":13626,"section_number":"46.2-341.18:3","catch_line":"Cancellation of commercial driver's license endorsement for certain offenders","url":"\/46.2-341.18_3\/","token":"46.2\/II\/3\/6.1\/46.2-341.18_3","metadata":false},{"id":80710,"structure_id":13626,"section_number":"46.2-341.19","catch_line":"Controlled substance felony; 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definitions","url":"\/46.2-341.26_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_1","metadata":false},{"id":64689,"structure_id":13626,"section_number":"46.2-341.26:10","catch_line":"Evidence","url":"\/46.2-341.26_10\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_10","metadata":false},{"id":74934,"structure_id":13626,"section_number":"46.2-341.26:11","catch_line":"Substantial compliance","url":"\/46.2-341.26_11\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_11","metadata":false},{"id":75923,"structure_id":13626,"section_number":"46.2-341.26:2","catch_line":"Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver","url":"\/46.2-341.26_2\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_2","metadata":false},{"id":54631,"structure_id":13626,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","url":"\/46.2-341.26_3\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_3","metadata":false},{"id":67575,"structure_id":13626,"section_number":"46.2-341.26:4","catch_line":"Appeal and trial; sanctions for refusal; procedures","url":"\/46.2-341.26_4\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_4","metadata":false},{"id":72166,"structure_id":13626,"section_number":"46.2-341.26:5","catch_line":"Qualifications and liability of persons authorized to take blood samples; procedure for taking samples","url":"\/46.2-341.26_5\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_5","metadata":false},{"id":72740,"structure_id":13626,"section_number":"46.2-341.26:6","catch_line":"Transmission of blood samples","url":"\/46.2-341.26_6\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_6","metadata":false},{"id":76404,"structure_id":13626,"section_number":"46.2-341.26:7","catch_line":"Transmission of samples","url":"\/46.2-341.26_7\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_7","metadata":false},{"id":68995,"structure_id":13626,"section_number":"46.2-341.26:8","catch_line":"Fees","url":"\/46.2-341.26_8\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_8","metadata":false},{"id":84778,"structure_id":13626,"section_number":"46.2-341.26:9","catch_line":"Assurance of breath test validity; use of breath tests as evidence","url":"\/46.2-341.26_9\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_9","metadata":false},{"id":86700,"structure_id":13626,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","url":"\/46.2-341.27\/","token":"46.2\/II\/3\/6.1\/46.2-341.27","metadata":false},{"id":75919,"structure_id":13626,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","url":"\/46.2-341.28\/","token":"46.2\/II\/3\/6.1\/46.2-341.28","metadata":false},{"id":79763,"structure_id":13626,"section_number":"46.2-341.29","catch_line":"Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04","url":"\/46.2-341.29\/","token":"46.2\/II\/3\/6.1\/46.2-341.29","metadata":false},{"id":68020,"structure_id":13626,"section_number":"46.2-341.3","catch_line":"Conflicts; supplement to driver licensing statutes","url":"\/46.2-341.3\/","token":"46.2\/II\/3\/6.1\/46.2-341.3","metadata":false},{"id":71918,"structure_id":13626,"section_number":"46.2-341.30","catch_line":"Disqualification for driving commercial motor vehicle while intoxicated, etc","url":"\/46.2-341.30\/","token":"46.2\/II\/3\/6.1\/46.2-341.30","metadata":false},{"id":78117,"structure_id":13626,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","url":"\/46.2-341.31\/","token":"46.2\/II\/3\/6.1\/46.2-341.31","metadata":false},{"id":77588,"structure_id":13626,"section_number":"46.2-341.32","catch_line":"Authority to enter into agreements","url":"\/46.2-341.32\/","token":"46.2\/II\/3\/6.1\/46.2-341.32","metadata":false},{"id":80768,"structure_id":13626,"section_number":"46.2-341.33","catch_line":"Repealed","url":"\/46.2-341.33\/","token":"46.2\/II\/3\/6.1\/46.2-341.33","metadata":false},{"id":80048,"structure_id":13626,"section_number":"46.2-341.34","catch_line":"Appeals","url":"\/46.2-341.34\/","token":"46.2\/II\/3\/6.1\/46.2-341.34","metadata":false},{"id":66116,"structure_id":13626,"section_number":"46.2-341.4","catch_line":"Definitions","url":"\/46.2-341.4\/","token":"46.2\/II\/3\/6.1\/46.2-341.4","metadata":false},{"id":66547,"structure_id":13626,"section_number":"46.2-341.5","catch_line":"Regulations consistent with Commercial Motor Vehicle Safety Act","url":"\/46.2-341.5\/","token":"46.2\/II\/3\/6.1\/46.2-341.5","metadata":false},{"id":77056,"structure_id":13626,"section_number":"46.2-341.6","catch_line":"Limitation on number of driver's licenses","url":"\/46.2-341.6\/","token":"46.2\/II\/3\/6.1\/46.2-341.6","metadata":false},{"id":81981,"structure_id":13626,"section_number":"46.2-341.7","catch_line":"Commercial driver's license required; penalty","url":"\/46.2-341.7\/","token":"46.2\/II\/3\/6.1\/46.2-341.7","metadata":false},{"id":81320,"structure_id":13626,"section_number":"46.2-341.8","catch_line":"Nonresidents and new residents","url":"\/46.2-341.8\/","token":"46.2\/II\/3\/6.1\/46.2-341.8","metadata":false},{"id":67339,"structure_id":13626,"section_number":"46.2-341.9","catch_line":"Eligibility for commercial driver's license or commercial learner's permit","url":"\/46.2-341.9\/","token":"46.2\/II\/3\/6.1\/46.2-341.9","metadata":false},{"id":84925,"structure_id":13626,"section_number":"46.2-341.9:01","catch_line":"Specialized training required","url":"\/46.2-341.9_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_01","metadata":false},{"id":75974,"structure_id":13626,"section_number":"46.2-341.9:1","catch_line":"Commissioner to grant variances for commercial drivers transporting hazardous wastes","url":"\/46.2-341.9_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_1","metadata":false}],"previous_section":{"id":60585,"structure_id":13626,"section_number":"46.2-341.14:01","catch_line":"Military third party testers and military third party examiners; substitute for knowledge and driving skills tests for drivers with military commercial motor vehicle experience","url":"\/46.2-341.14_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_01","metadata":false},"next_section":{"id":58605,"structure_id":13626,"section_number":"46.2-341.14:10","catch_line":"Waiver of requirement that third party tester applicant employ 50 drivers","url":"\/46.2-341.14_10\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.14:1\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapters 165<\/a> and 582<\/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 5 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 2014, chapters 77<\/a> and 803<\/a>; in 2015, chapter 258<\/a>; in 2016, chapter 429<\/a>; in 2019, chapters 78<\/a>, 155<\/a>, and 750<\/a>; in 2022, chapters 60<\/a>, 139<\/a>, and 292<\/a>.<\/p>","references":[{"id":61645,"section_number":"46.2-326.1","catch_line":"Designation of commercial driver's license skills testing examiners","order_by":null,"url":"\/46.2-326.1\/"},{"id":60585,"section_number":"46.2-341.14:01","catch_line":"Military third party testers and military third party examiners; substitute for knowledge and driving skills tests for drivers with military commercial motor vehicle experience","order_by":null,"url":"\/46.2-341.14_01\/"}],"refers_to":[{"id":55820,"section_number":"46.2-1708","catch_line":"Licenses required for school and instructors","order_by":null,"url":"\/46.2-1708\/"},{"id":58740,"section_number":"46.2-1710","catch_line":"Records to be maintained","order_by":null,"url":"\/46.2-1710\/"},{"id":63436,"section_number":"46.2-326","catch_line":"Designation of examiners; conduct of examination; reports","order_by":null,"url":"\/46.2-326\/"},{"id":61645,"section_number":"46.2-326.1","catch_line":"Designation of commercial driver's license skills testing examiners","order_by":null,"url":"\/46.2-326.1\/"},{"id":56197,"section_number":"46.2-341.14","catch_line":"Testing requirements for commercial driver's license; behind-the-wheel and knowledge examinations","order_by":null,"url":"\/46.2-341.14\/"},{"id":58605,"section_number":"46.2-341.14:10","catch_line":"Waiver of requirement that third party tester applicant employ 50 drivers","order_by":null,"url":"\/46.2-341.14_10\/"},{"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":55655,"section_number":"46.2-341.14:7","catch_line":"Notification requirements","order_by":null,"url":"\/46.2-341.14_7\/"},{"id":81479,"section_number":"46.2-341.14:8","catch_line":"Test administration","order_by":null,"url":"\/46.2-341.14_8\/"},{"id":57342,"section_number":"46.2-341.14:9","catch_line":"The skills test certificate; validity of results","order_by":null,"url":"\/46.2-341.14_9\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"}],"permalink":{"id":226609,"object_type":"law","relational_id":65790,"identifier":"46.2-341.14:1","token":"46.2\/II\/3\/6.1\/46.2-341.14_1","url":"\/46.2-341.14_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.14_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_1","dublin_core":{"Title":"Requirements for third party testers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.14:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Pursuant to § 46.2-341.14<\/a>, third party testers<\/span> will be authorized to issue<\/span> skills test certificates, which will be accepted by the Department<\/span> as evidence<\/span> of satisfaction of the skills test component of the commercial driver<\/span>’s license examination. Authority to issue<\/span> skills test certificates will be granted only to third party testers<\/span> certified by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To qualify for certification, a third party tester<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Make application to and enter into an agreement with the Department<\/span> as provided in § 46.2-341.14:3<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Maintain a place of business in the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Have at least one certified third party examiner<\/span> in his employ; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Ensure that all third party examiners<\/span> in his employ are certified and comply with the requirements of §§ 46.2-341.14:2<\/a> and 46.2-341.14:7<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Permit the Department<\/span> and the FMCSA<\/span> of the U.S. Department<\/span> of Transportation to conduct random examinations, inspections, and audits of its records, facilities, and operations that relate to the third party testing program without prior notice; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Maintain at the principal place of business a copy of the state<\/span> certificate authorizing the third party tester<\/span> to administer a commercial driver<\/span>’s license testing program and current third party agreement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Maintain at a location in the Commonwealth, for a minimum of two years after a skills test is conducted, a record of each driver<\/span> for whom the third party tester<\/span> conducts a skills test, whether the driver<\/span> passes or fails the test. Each such record shall include:\n\t\t\t\ta. The complete name of the driver<\/span>;\n\t\t\t\tb. The driver<\/span>’s social security number or other driver<\/span>’s license number and the name of the state<\/span> or jurisdiction<\/span> that issued the license held by the driver<\/span> at the time of the test;\n\t\t\t\tc. The date the driver<\/span> took the skills test;\n\t\t\t\td. The test score sheet or sheets showing the results of the skills test and a copy of the skills test certificate, if issued;\n\t\t\t\te. The name and certification number of the third party examiner<\/span> conducting the skills test; and\n\t\t\t\tf. Evidence<\/span> of the driver<\/span>’s employment with the third party tester<\/span> at the time the test was taken, unless the third party tester<\/span> is a governmental entity, including a comprehensive community college in the Virginia Community College System, that tests drivers<\/span> who are not employed by that governmental entity, or a Class A driver<\/span> training school certified as a third party tester<\/span> pursuant to § 46.2-326<\/a>. If the third party tester<\/span> is a governmental entity that tests drivers<\/span> who are not employed by that governmental entity, the third party tester<\/span> shall maintain evidence<\/span> that the driver<\/span> was employed by a governmental entity or enrolled in a commercial driver<\/span> training course offered by a community college at the time the test was taken. If the testing entity is a Class A driver<\/span> training school certified as a third party tester<\/span> pursuant to § 46.2-326.1<\/a>, the third party tester<\/span> shall maintain evidence<\/span> that the driver<\/span> was a student enrolled in that Class A driver<\/span> training school at the time the test was taken. If the driver<\/span> was trained or employed by a school board, the third party tester<\/span> shall maintain evidence<\/span> that the driver<\/span> was trained in accordance with the Virginia School Bus<\/span> Driver<\/span> Training Curriculum Guide; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Maintain at a location in the Commonwealth a record of each third party examiner<\/span> in the employ of the third party tester<\/span>. Each record shall include:\n\t\t\t\ta. Name and social security number;\n\t\t\t\tb. Evidence<\/span> of the third party examiner<\/span>’s certification by the Department<\/span>;\n\t\t\t\tc. A copy of the third party examiner<\/span>’s current training and driving record, which must be updated annually;\n\t\t\t\td. Evidence<\/span> that the third party examiner<\/span> is an employee<\/span> of the third party tester<\/span>; and\n\t\t\t\te. If the third party tester<\/span> is a school board, a copy of the third party examiner<\/span>’s certification of instruction issued by the Department<\/span> of Education; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Retain the records required in subdivision 8 for at least two years after the third party examiner<\/span> leaves the employ of the third party tester<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Ensure that skills tests are conducted, and that skills test certificates are issued in accordance with the requirements of §§ 46.2-341.14:8<\/a> and 46.2-341.14:9<\/a> and the instructions provided by the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Maintain compliance with all applicable provisions of this article and the third party tester<\/span> agreement executed pursuant to § 46.2-341.14:3<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Maintain a copy of the third party tester<\/span>’s road test route or routes approved by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In addition to the requirements listed in subsection B, all third party testers<\/span> who are not governmental entities, including a comprehensive community college in the Virginia Community College System, shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be engaged in a business involving the use of commercial motor vehicles<\/span>, which business has been in operation in the Commonwealth for a minimum of one year; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For employers<\/span> that are testing their own employees<\/span>, employ at least 50 drivers<\/span> of commercial motor vehicles<\/span> licensed in the Commonwealth during the 12-month period preceding the application, including part-time and seasonal drivers<\/span>. This requirement may be waived by the Department<\/span> pursuant to § 46.2-341.14:10<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If subject to the FMCSA<\/span> regulations as a motor carrier and rated by the U.S. Department<\/span> of Transportation, maintain a rating of “satisfactory”; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Comply with the Virginia Motor Carrier Safety Regulations; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Initiate and maintain a bond<\/span> in the amount of $5,000 to pay for retesting drivers<\/span> in the event that the third party tester<\/span> or one or more of its examiners are involved in fraudulent activities related to conducting knowledge or skills testing for applicants<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Certified third party testers<\/span> are authorized to provide entry-level driver training<\/span> to any individual to whom the third party tester<\/span> would be permitted to administer a skills test pursuant to this article. If a certified third party tester<\/span> elects to provide entry-level driver training<\/span>, the third party tester<\/span> shall (i) employ and utilize third party instructors<\/span>, as defined in § 46.2-341.4<\/a>, to provide all training and instruction to entry-level driver trainees; (ii) develop an entry-level driver training<\/span> curriculum that complies with requirements prescribed by the Department<\/span> and submit such curriculum to the Department<\/span> for approval; (iii) upon notification by the Department<\/span> that curriculum requirements have been updated, certify, in a format prescribed by the Department<\/span>, that the third party tester<\/span> has added the new topics to the course curriculum; and (iv) comply with the requirements provided in §§ 46.2-1708<\/a> through 46.2-1710<\/a>. Notwithstanding the provisions of § 46.2-1708<\/a>, no third party tester<\/span> or third party instructor<\/span> shall be required to be licensed by the Department<\/span>. A certified third party tester<\/span> may not provide entry-level driver training<\/span> to driver trainees until such tester has been issued a unique training provider<\/span> number and appears on the federal Training Provider<\/span> Registry. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUIREMENTS FOR THIRD PARTY TESTERS (\u00a7 46.2-341.14:1)\n\nA. Pursuant to § 46.2-341.14, third party testers will be authorized to\nissue skills test certificates, which will be accepted by the Department as\nevidence of satisfaction of the skills test component of the commercial\ndriver’s license examination. Authority to issue skills test certificates\nwill be granted only to third party testers certified by the Department.\n\nB. To qualify for certification, a third party tester shall:\n\n 1. Make application to and enter into an agreement with the Department as\n provided in § 46.2-341.14:3;\n\n 2. Maintain a place of business in the Commonwealth;\n\n 3. Have at least one certified third party examiner in his employ;\n\n 4. Ensure that all third party examiners in his employ are certified and\n comply with the requirements of §§ 46.2-341.14:2 and 46.2-341.14:7;\n\n 5. Permit the Department and the FMCSA of the U.S. Department of\n Transportation to conduct random examinations, inspections, and audits of its\n records, facilities, and operations that relate to the third party testing\n program without prior notice;\n\n 6. Maintain at the principal place of business a copy of the state certificate\n authorizing the third party tester to administer a commercial driver’s\n license testing program and current third party agreement;\n\n 7. Maintain at a location in the Commonwealth, for a minimum of two years\n after a skills test is conducted, a record of each driver for whom the third\n party tester conducts a skills test, whether the driver passes or fails the\n test. Each such record shall include:\n \t\t\t\ta. The complete name of the driver;\n \t\t\t\tb. The driver’s social security number or other driver’s\n license number and the name of the state or jurisdiction that issued the\n license held by the driver at the time of the test;\n \t\t\t\tc. The date the driver took the skills test;\n \t\t\t\td. The test score sheet or sheets showing the results of the skills test\n and a copy of the skills test certificate, if issued;\n \t\t\t\te. The name and certification number of the third party examiner\n conducting the skills test; and\n \t\t\t\tf. Evidence of the driver’s employment with the third party tester\n at the time the test was taken, unless the third party tester is a\n governmental entity, including a comprehensive community college in the\n Virginia Community College System, that tests drivers who are not employed by\n that governmental entity, or a Class A driver training school certified as a\n third party tester pursuant to § 46.2-326. If the third party tester is a\n governmental entity that tests drivers who are not employed by that\n governmental entity, the third party tester shall maintain evidence that the\n driver was employed by a governmental entity or enrolled in a commercial\n driver training course offered by a community college at the time the test was\n taken. If the testing entity is a Class A driver training school certified as\n a third party tester pursuant to § 46.2-326.1, the third party tester\n shall maintain evidence that the driver was a student enrolled in that Class A\n driver training school at the time the test was taken. If the driver was\n trained or employed by a school board, the third party tester shall maintain\n evidence that the driver was trained in accordance with the Virginia School\n Bus Driver Training Curriculum Guide;\n\n 8. Maintain at a location in the Commonwealth a record of each third party\n examiner in the employ of the third party tester. Each record shall include:\n \t\t\t\ta. Name and social security number;\n \t\t\t\tb. Evidence of the third party examiner’s certification by the\n Department;\n \t\t\t\tc. A copy of the third party examiner’s current training and driving\n record, which must be updated annually;\n \t\t\t\td. Evidence that the third party examiner is an employee of the third\n party tester; and\n \t\t\t\te. If the third party tester is a school board, a copy of the third party\n examiner’s certification of instruction issued by the Department of\n Education;\n\n 9. Retain the records required in subdivision 8 for at least two years after\n the third party examiner leaves the employ of the third party tester;\n\n 10. Ensure that skills tests are conducted, and that skills test certificates\n are issued in accordance with the requirements of §§ 46.2-341.14:8\n and 46.2-341.14:9 and the instructions provided by the Department;\n\n 11. Maintain compliance with all applicable provisions of this article and the\n third party tester agreement executed pursuant to § 46.2-341.14:3; and\n\n 12. Maintain a copy of the third party tester’s road test route or\n routes approved by the Department.\n\nC. In addition to the requirements listed in subsection B, all third party\ntesters who are not governmental entities, including a comprehensive community\ncollege in the Virginia Community College System, shall:\n\n 1. Be engaged in a business involving the use of commercial motor vehicles,\n which business has been in operation in the Commonwealth for a minimum of one\n year;\n\n 2. For employers that are testing their own employees, employ at least 50\n drivers of commercial motor vehicles licensed in the Commonwealth during the\n 12-month period preceding the application, including part-time and seasonal\n drivers. This requirement may be waived by the Department pursuant to §\n 46.2-341.14:10;\n\n 3. If subject to the FMCSA regulations as a motor carrier and rated by the\n U.S. Department of Transportation, maintain a rating of\n “satisfactory”;\n\n 4. Comply with the Virginia Motor Carrier Safety Regulations; and\n\n 5. Initiate and maintain a bond in the amount of $5,000 to pay for retesting\n drivers in the event that the third party tester or one or more of its\n examiners are involved in fraudulent activities related to conducting\n knowledge or skills testing for applicants.\n\nD. Certified third party testers are authorized to provide entry-level driver\ntraining to any individual to whom the third party tester would be permitted to\nadminister a skills test pursuant to this article. If a certified third party\ntester elects to provide entry-level driver training, the third party tester\nshall (i) employ and utilize third party instructors, as defined in §\n46.2-341.4, to provide all training and instruction to entry-level driver\ntrainees; (ii) develop an entry-level driver training curriculum that complies\nwith requirements prescribed by the Department and submit such curriculum to the\nDepartment for approval; (iii) upon notification by the Department that\ncurriculum requirements have been updated, certify, in a format prescribed by\nthe Department, that the third party tester has added the new topics to the\ncourse curriculum; and (iv) comply with the requirements provided in\n§§ 46.2-1708 through 46.2-1710. Notwithstanding the provisions of\n§ 46.2-1708, no third party tester or third party instructor shall be\nrequired to be licensed by the Department. A certified third party tester may\nnot provide entry-level driver training to driver trainees until such tester has\nbeen issued a unique training provider number and appears on the federal\nTraining Provider Registry.\n\nHISTORY: 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2016, c. 429;\n2019, cc. 78, 155, 750; 2022, cc. 60, 139, 292.","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}}