{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.14_5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.14_5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.14_5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.14_5.html"}],"law_id":62670,"edition_id":1,"section_id":62670,"structure_id":13626,"section_number":"46.2-341.14:5","catch_line":"Terminating certification of third party tester or examiner","history":"2013, cc. 165, 582; 2014, cc. 77, 803.","full_text":"A\n\nAny third party tester or examiner may relinquish certification upon 30 days’ notice to the Department. Relinquishment of certification by a third party tester or examiner shall not release such tester or examiner from any responsibility or liability that arises from his activities as a third party tester or examiner.B\n\nThe Department reserves the right to cancel the third party testing program established by this article, in its entirety.C\n\nThe Department shall revoke the skills testing certification of any examiner:1\n\nWho does not conduct skills test examinations of at least 10 different applicants per calendar year. However, examiners who do not meet the 10-test minimum must either take a refresher commercial driver’s license training that complies with 49 C.F.R. § 384.228 or have a Department examiner ride along to observe the third party examiner successfully administer at least one skills test; or2\n\nWho does not successfully complete the required refresher training every four years pursuant to 49 C.F.R. § 384.228.D\n\nThe Department may cancel the certification of an individual third party tester or examiner upon the following grounds:1\n\nFailure to comply with or satisfy any of the provisions of this article, federal standards for the commercial driver’s license testing program, the Department’s instructions, or the third party tester agreement;2\n\nFalsification of any record or information relating to the third party testing program;3\n\nCommission of any act that compromises the integrity of the third party testing program; or4\n\nFailure to pass the required nationwide criminal background check. Criteria for not passing the criminal background check include but are not limited to having a felony conviction within the past 10 years or any conviction involving fraudulent activities.E\n\nIf the Department determines that grounds for cancellation exist for failure to comply with or satisfy any of the requirements of this chapter or the third party tester agreement, the Department may postpone cancellation and allow the third party tester or examiner 30 days to correct the deficiency.","order_by":null,"text":{"0":{"id":228513,"text":"Any third party tester or examiner may relinquish certification upon 30 days’ notice to the Department. Relinquishment of certification by a third party tester or examiner shall not release such tester or examiner from any responsibility or liability that arises from his activities as a third party tester or examiner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":228514,"text":"The Department reserves the right to cancel the third party testing program established by this article, in its entirety.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":228515,"text":"The Department shall revoke the skills testing certification of any examiner:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":228516,"text":"Who does not conduct skills test examinations of at least 10 different applicants per calendar year. However, examiners who do not meet the 10-test minimum must either take a refresher commercial driver’s license training that complies with 49 C.F.R. § 384.228 or have a Department examiner ride along to observe the third party examiner successfully administer at least one skills test; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":228517,"text":"Who does not successfully complete the required refresher training every four years pursuant to 49 C.F.R. § 384.228.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":228518,"text":"The Department may cancel the certification of an individual third party tester or examiner upon the following grounds:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"6":{"id":228519,"text":"Failure to comply with or satisfy any of the provisions of this article, federal standards for the commercial driver’s license testing program, the Department’s instructions, or the third party tester agreement;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"7":{"id":228520,"text":"Falsification of any record or information relating to the third party testing program;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"8":{"id":228521,"text":"Commission of any act that compromises the integrity of the third party testing program; or","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"9":{"id":228522,"text":"Failure to pass the required nationwide criminal background check. Criteria for not passing the criminal background check include but are not limited to having a felony conviction within the past 10 years or any conviction involving fraudulent activities.","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"E"},"10":{"id":228523,"text":"If the Department determines that grounds for cancellation exist for failure to comply with or satisfy any of the requirements of this chapter or the third party tester agreement, the Department may postpone cancellation and allow the third party tester or examiner 30 days to correct the deficiency.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D4"}},"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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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":64603,"structure_id":13626,"section_number":"46.2-341.14:4","catch_line":"Certification by the Department","url":"\/46.2-341.14_4\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_4","metadata":false},"next_section":{"id":84968,"structure_id":13626,"section_number":"46.2-341.14:6","catch_line":"Onsite inspections and audits","url":"\/46.2-341.14_6\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.14:5\/","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 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 2014, chapters 77<\/a> and 803<\/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\/"}],"refers_to":false,"permalink":{"id":226629,"object_type":"law","relational_id":62670,"identifier":"46.2-341.14:5","token":"46.2\/II\/3\/6.1\/46.2-341.14_5","url":"\/46.2-341.14_5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.14_5\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_5","dublin_core":{"Title":"Terminating certification of third party tester or examiner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.14:5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any third party tester<\/span> or examiner may relinquish certification upon 30 days’ notice to the Department<\/span>. Relinquishment of certification by a third party tester<\/span> or examiner shall not release such tester or examiner from any responsibility or liability that arises from his activities as a third party tester<\/span> or examiner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> reserves the right to cancel<\/span> the third party testing program established by this article, in its entirety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall revoke<\/span> the skills testing certification of any examiner: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Who does not conduct skills test examinations of at least 10 different applicants<\/span> per calendar year. However, examiners who do not meet the 10-test minimum must either take a refresher commercial driver<\/span>’s license training that complies with 49 C.F.R. § 384.228 or have a Department<\/span> examiner ride along to observe the third party examiner<\/span> successfully administer at least one skills test; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Who does not successfully complete the required refresher training every four years pursuant to 49 C.F.R. § 384.228. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> may cancel<\/span> the certification of an individual third party tester<\/span> or examiner upon the following grounds: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Failure to comply with or satisfy any of the provisions of this article, federal standards for the commercial driver<\/span>’s license testing program, the Department<\/span>’s instructions, or the third party tester<\/span> agreement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Falsification of any record or information relating to the third party testing program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Commission<\/span> of any act that compromises the integrity of the third party testing program; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Failure to pass the required nationwide criminal background check. Criteria for not passing the criminal background check include but are not limited to having a felony<\/span> conviction<\/span> within the past 10 years or any conviction<\/span> involving fraudulent activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the Department<\/span> determines that grounds for cancellation<\/span> exist for failure to comply with or satisfy any of the requirements of this chapter or the third party tester<\/span> agreement, the Department<\/span> may postpone cancellation<\/span> and allow the third party tester<\/span> or examiner 30 days to correct the deficiency. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTERMINATING CERTIFICATION OF THIRD PARTY TESTER OR EXAMINER (\u00a7 46.2-341.14:5)\n\nA. Any third party tester or examiner may relinquish certification upon 30\ndays’ notice to the Department. Relinquishment of certification by a third\nparty tester or examiner shall not release such tester or examiner from any\nresponsibility or liability that arises from his activities as a third party\ntester or examiner.\n\nB. The Department reserves the right to cancel the third party testing program\nestablished by this article, in its entirety.\n\nC. The Department shall revoke the skills testing certification of any examiner:\n\n 1. Who does not conduct skills test examinations of at least 10 different\n applicants per calendar year. However, examiners who do not meet the 10-test\n minimum must either take a refresher commercial driver’s license\n training that complies with 49 C.F.R. § 384.228 or have a Department\n examiner ride along to observe the third party examiner successfully\n administer at least one skills test; or\n\n 2. Who does not successfully complete the required refresher training every\n four years pursuant to 49 C.F.R. § 384.228.\n\nD. The Department may cancel the certification of an individual third party\ntester or examiner upon the following grounds:\n\n 1. Failure to comply with or satisfy any of the provisions of this article,\n federal standards for the commercial driver’s license testing program,\n the Department’s instructions, or the third party tester agreement;\n\n 2. Falsification of any record or information relating to the third party\n testing program;\n\n 3. Commission of any act that compromises the integrity of the third party\n testing program; or\n\n 4. Failure to pass the required nationwide criminal background check. Criteria\n for not passing the criminal background check include but are not limited to\n having a felony conviction within the past 10 years or any conviction\n involving fraudulent activities.\n\nE. If the Department determines that grounds for cancellation exist for failure\nto comply with or satisfy any of the requirements of this chapter or the third\nparty tester agreement, the Department may postpone cancellation and allow the\nthird party tester or examiner 30 days to correct the deficiency.\n\nHISTORY: 2013, cc. 165, 582; 2014, cc. 77, 803.","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}}