{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.14_6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.14_6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.14_6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.14_6.html"}],"law_id":84968,"edition_id":1,"section_id":84968,"structure_id":13626,"section_number":"46.2-341.14:6","catch_line":"Onsite inspections and audits","history":"2013, cc. 165, 582; 2014, cc. 77, 803.","full_text":"A\n\nEach applicant for certification as a third party tester shall permit the Department or FMCSA to conduct random examinations, inspections, and audits of its operations, facilities, and records as they relate to its third party testing program, for the purpose of determining whether the applicant is qualified for certification. Each person who has been certified as a third party tester shall permit the Department to periodically inspect and audit his third party testing program to determine whether it remains in compliance with certification requirements.B\n\nThe Department or FMCSA will perform its random examinations, inspections, and audits of third party testers during regular business hours with or without prior notice to the third party tester.C\n\nInspections and audits of third party testers will occur at a minimum once every two years and include, at a minimum, an examination of:1\n\nRecords relating to the third party testing program;2\n\nEvidence of compliance with the FMCSA regulations and Virginia Motor Carrier Safety Regulations;3\n\nSkills testing procedures, practices, and operations;4\n\nVehicles used for testing;5\n\nQualifications of third party examiners;6\n\nEffectiveness of the skills test program by either (i) testing a sample of drivers who have been issued skills test certificates by the third party tester to compare pass\/fail results, (ii) having Department employees covertly take the skills tests from a third party examiner, or (iii) having Department employees co-score along with the third party examiner during commercial driver’s license applicant’s skills tests to compare pass\/fail results;7\n\nA comparison of the commercial driver’s license skills test results of applicants who are issued commercial driver’s licenses with the commercial driver’s license scoring sheets that are maintained in the third party testers’ files; and8\n\nAny other aspect of the third party tester’s operation that the Department determines is necessary to verify that the third party tester meets or continues to meet the requirements for certification.D\n\nThe Department will prepare a written report of the results of each inspection and audit of third party testers. A copy of the report will be provided to the third party tester.","order_by":null,"text":{"0":{"id":304554,"text":"Each applicant for certification as a third party tester shall permit the Department or FMCSA to conduct random examinations, inspections, and audits of its operations, facilities, and records as they relate to its third party testing program, for the purpose of determining whether the applicant is qualified for certification. Each person who has been certified as a third party tester shall permit the Department to periodically inspect and audit his third party testing program to determine whether it remains in compliance with certification requirements.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304555,"text":"The Department or FMCSA will perform its random examinations, inspections, and audits of third party testers during regular business hours with or without prior notice to the third party tester.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":304556,"text":"Inspections and audits of third party testers will occur at a minimum once every two years and include, at a minimum, an examination of:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":304557,"text":"Records relating to the third party testing program;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":304558,"text":"Evidence of compliance with the FMCSA regulations and Virginia Motor Carrier Safety Regulations;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":304559,"text":"Skills testing procedures, practices, and operations;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":304560,"text":"Vehicles used for testing;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":304561,"text":"Qualifications of third party examiners;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":304562,"text":"Effectiveness of the skills test program by either (i) testing a sample of drivers who have been issued skills test certificates by the third party tester to compare pass\/fail results, (ii) having Department employees covertly take the skills tests from a third party examiner, or (iii) having Department employees co-score along with the third party examiner during commercial driver’s license applicant’s skills tests to compare pass\/fail results;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":304563,"text":"A comparison of the commercial driver’s license skills test results of applicants who are issued commercial driver’s licenses with the commercial driver’s license scoring sheets that are maintained in the third party testers’ files; and","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"10":{"id":304564,"text":"Any other aspect of the third party tester’s operation that the Department determines is necessary to verify that the third party tester meets or continues to meet the requirements for certification.","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"D"},"11":{"id":304565,"text":"The Department will prepare a written report of the results of each inspection and audit of third party testers. A copy of the report will be provided to the third party tester.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C8"}},"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":62670,"structure_id":13626,"section_number":"46.2-341.14:5","catch_line":"Terminating certification of third party tester or examiner","url":"\/46.2-341.14_5\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_5","metadata":false},"next_section":{"id":55655,"structure_id":13626,"section_number":"46.2-341.14:7","catch_line":"Notification requirements","url":"\/46.2-341.14_7\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.14:6\/","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":false,"refers_to":false,"permalink":{"id":226633,"object_type":"law","relational_id":84968,"identifier":"46.2-341.14:6","token":"46.2\/II\/3\/6.1\/46.2-341.14_6","url":"\/46.2-341.14_6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.14_6\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_6","dublin_core":{"Title":"Onsite inspections and audits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.14:6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each applicant<\/span> for certification as a third party tester<\/span> shall permit the Department<\/span> or FMCSA<\/span> to conduct random examinations, inspections, and audits of its operations, facilities, and records as they relate to its third party testing program, for the purpose of determining whether the applicant<\/span> is qualified for certification. Each person<\/span> who has been certified as a third party tester<\/span> shall permit the Department<\/span> to periodically inspect and audit his third party testing program to determine whether it remains in compliance with certification requirements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> or FMCSA<\/span> will perform its random examinations, inspections, and audits of third party testers<\/span> during regular business hours with or without prior notice to the third party tester<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Inspections and audits of third party testers<\/span> will occur at a minimum once every two years and include, at a minimum, an examination of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Records relating to the third party testing program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Evidence<\/span> of compliance with the FMCSA<\/span> regulations and Virginia Motor Carrier Safety Regulations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Skills testing procedures, practices, and operations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Vehicles<\/span> used for testing; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Qualifications of third party examiners<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Effectiveness of the skills test program by either (i) testing a sample of drivers<\/span> who have been issued skills test certificates by the third party tester<\/span> to compare pass\/fail results, (ii) having Department<\/span> employees<\/span> covertly take the skills tests from a third party examiner<\/span>, or (iii) having Department<\/span> employees<\/span> co-score along with the third party examiner<\/span> during commercial driver<\/span>’s license applicant<\/span>’s skills tests to compare pass\/fail results; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A comparison of the commercial driver<\/span>’s license skills test results of applicants<\/span> who are issued commercial driver<\/span>’s licenses with the commercial driver<\/span>’s license scoring sheets that are maintained in the third party testers<\/span>’ files; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any other aspect of the third party tester<\/span>’s operation that the Department<\/span> determines is necessary to verify that the third party tester<\/span> meets or continues to meet the requirements for certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> will prepare a written report of the results of each inspection and audit of third party testers<\/span>. A copy of the report will be provided to the third party tester<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nONSITE INSPECTIONS AND AUDITS (\u00a7 46.2-341.14:6)\n\nA. Each applicant for certification as a third party tester shall permit the\nDepartment or FMCSA to conduct random examinations, inspections, and audits of\nits operations, facilities, and records as they relate to its third party\ntesting program, for the purpose of determining whether the applicant is\nqualified for certification. Each person who has been certified as a third party\ntester shall permit the Department to periodically inspect and audit his third\nparty testing program to determine whether it remains in compliance with\ncertification requirements.\n\nB. The Department or FMCSA will perform its random examinations, inspections,\nand audits of third party testers during regular business hours with or without\nprior notice to the third party tester.\n\nC. Inspections and audits of third party testers will occur at a minimum once\nevery two years and include, at a minimum, an examination of:\n\n 1. Records relating to the third party testing program;\n\n 2. Evidence of compliance with the FMCSA regulations and Virginia Motor\n Carrier Safety Regulations;\n\n 3. Skills testing procedures, practices, and operations;\n\n 4. Vehicles used for testing;\n\n 5. Qualifications of third party examiners;\n\n 6. Effectiveness of the skills test program by either (i) testing a sample of\n drivers who have been issued skills test certificates by the third party\n tester to compare pass\/fail results, (ii) having Department employees covertly\n take the skills tests from a third party examiner, or (iii) having Department\n employees co-score along with the third party examiner during commercial\n driver’s license applicant’s skills tests to compare pass\/fail\n results;\n\n 7. A comparison of the commercial driver’s license skills test results\n of applicants who are issued commercial driver’s licenses with the\n commercial driver’s license scoring sheets that are maintained in the\n third party testers’ files; and\n\n 8. Any other aspect of the third party tester’s operation that the\n Department determines is necessary to verify that the third party tester meets\n or continues to meet the requirements for certification.\n\nD. The Department will prepare a written report of the results of each\ninspection and audit of third party testers. A copy of the report will be\nprovided to the third party tester.\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}}