{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.16_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.16_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.16_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.16_1.html"}],"law_id":84086,"edition_id":1,"section_id":84086,"structure_id":13626,"section_number":"46.2-341.16:1","catch_line":"Conformance with requirements of U.S.A. Patriot Act of 2001","history":"2003, cc. 913, 920; 2004, c. 109.","full_text":"A\n\nNotwithstanding any other provision of this title, no endorsement authorizing the driver to operate a vehicle transporting hazardous materials shall be issued, renewed, or reissued by the Department unless the endorsement is issued, renewed, or reissued in conformance with the requirements of § 1012 of the U.S.A. Patriot Act of 2001, including all amendments thereto, and the federal regulation promulgated thereunder, for the issuance by the states of licenses to operate motor vehicles transporting hazardous materials, and the Department has received notification from the U.S. Secretary of Transportation or the U.S. Transportation Security Administration, if required by the U.S.A. Patriot Act 2001 (49 U.S.C. § 5103a et seq.) and federal regulations, that the applicant does not pose a security threat warranting denial of such endorsement. Further, the Department shall cancel any existing endorsement authorizing a driver to operate a vehicle transporting hazardous materials if it has received notification that the holder of such endorsement does not meet the standards for security threat assessment established by the U.S. Transportation Security Administration.B\n\nNotwithstanding the provisions of § 46.2-330, a Virginia commercial driver’s license with a hazardous materials endorsement shall be issued so that it expires no later than five years from its date of issuance, and it may be issued for a period of less than three years if a shorter period is necessary in order to put the license into a five-year renewal cycle as provided in § 46.2-330.C\n\nNotwithstanding the provisions of § 46.2-332, the Commissioner or his agent may collect an additional nonrefundable fee in conjunction with an application for a hazardous materials endorsement to offset the additional costs of collecting and processing fingerprints and other information required in conjunction with the security threat assessment program established through the U.S. Transportation Security Administration for hazardous materials endorsement applicants, which fee shall include a pass-through of the fees assessed by the Transportation Security Administration or other federal agencies as well as an additional amount, not to exceed $100, to cover additional costs incurred by the Commonwealth in issuing commercial driver’s licenses pursuant to the provisions of this section, and there shall be no exemption from such additional fee for any applicant who is an employee of the Commonwealth or any county, city, or town. In addition, any local law-enforcement agency that provided fingerprinting services in conjunction with the security threat assessment program may assess a fee from the applicant in an amount set by local ordinance, not to exceed $25. Such amount shall be collected by the local law-enforcement agency and remitted to the treasurer of the appropriate locality to be used solely for the purpose of defraying the costs of operating the law-enforcement agency and shall not be used to supplant existing local funds for the operation of the law-enforcement agency.","order_by":null,"text":{"0":{"id":301328,"text":"Notwithstanding any other provision of this title, no endorsement authorizing the driver to operate a vehicle transporting hazardous materials shall be issued, renewed, or reissued by the Department unless the endorsement is issued, renewed, or reissued in conformance with the requirements of § 1012 of the U.S.A. Patriot Act of 2001, including all amendments thereto, and the federal regulation promulgated thereunder, for the issuance by the states of licenses to operate motor vehicles transporting hazardous materials, and the Department has received notification from the U.S. Secretary of Transportation or the U.S. Transportation Security Administration, if required by the U.S.A. Patriot Act 2001 (49 U.S.C. § 5103a et seq.) and federal regulations, that the applicant does not pose a security threat warranting denial of such endorsement. Further, the Department shall cancel any existing endorsement authorizing a driver to operate a vehicle transporting hazardous materials if it has received notification that the holder of such endorsement does not meet the standards for security threat assessment established by the U.S. Transportation Security Administration.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301329,"text":"Notwithstanding the provisions of § 46.2-330, a Virginia commercial driver’s license with a hazardous materials endorsement shall be issued so that it expires no later than five years from its date of issuance, and it may be issued for a period of less than three years if a shorter period is necessary in order to put the license into a five-year renewal cycle as provided in § 46.2-330.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301330,"text":"Notwithstanding the provisions of § 46.2-332, the Commissioner or his agent may collect an additional nonrefundable fee in conjunction with an application for a hazardous materials endorsement to offset the additional costs of collecting and processing fingerprints and other information required in conjunction with the security threat assessment program established through the U.S. Transportation Security Administration for hazardous materials endorsement applicants, which fee shall include a pass-through of the fees assessed by the Transportation Security Administration or other federal agencies as well as an additional amount, not to exceed $100, to cover additional costs incurred by the Commonwealth in issuing commercial driver’s licenses pursuant to the provisions of this section, and there shall be no exemption from such additional fee for any applicant who is an employee of the Commonwealth or any county, city, or town. In addition, any local law-enforcement agency that provided fingerprinting services in conjunction with the security threat assessment program may assess a fee from the applicant in an amount set by local ordinance, not to exceed $25. Such amount shall be collected by the local law-enforcement agency and remitted to the treasurer of the appropriate locality to be used solely for the purpose of defraying the costs of operating the law-enforcement agency and shall not be used to supplant existing local funds for the operation of the law-enforcement agency.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":56742,"structure_id":13626,"section_number":"46.2-341.16","catch_line":"Vehicle classifications, restrictions, and endorsements","url":"\/46.2-341.16\/","token":"46.2\/II\/3\/6.1\/46.2-341.16","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.16:1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapters 913<\/a> and 920<\/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 2004, chapter 109<\/a>.<\/p>","references":false,"refers_to":[{"id":55697,"section_number":"46.2-330","catch_line":"Expiration and renewal of licenses; examinations required","order_by":null,"url":"\/46.2-330\/"},{"id":74767,"section_number":"46.2-332","catch_line":"Fees","order_by":null,"url":"\/46.2-332\/"}],"permalink":{"id":226657,"object_type":"law","relational_id":84086,"identifier":"46.2-341.16:1","token":"46.2\/II\/3\/6.1\/46.2-341.16_1","url":"\/46.2-341.16_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.16_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.16_1","dublin_core":{"Title":"Conformance with requirements of U.S.A. Patriot Act of 2001","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.16:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of this title, no endorsement<\/span> authorizing the driver<\/span> to operate a vehicle<\/span> transporting hazardous materials<\/span> shall be issued, renewed, or reissued by the Department<\/span> unless the endorsement<\/span> is issued, renewed, or reissued in conformance with the requirements of § 1012 of the U.S.A. Patriot Act of 2001, including all amendments thereto, and the federal regulation promulgated thereunder, for the issuance by the states<\/span> of licenses to operate motor vehicles<\/span> transporting hazardous materials<\/span>, and the Department<\/span> has received notification from the U.S. Secretary of Transportation or the U.S. Transportation Security Administration, if required by the U.S.A. Patriot Act 2001 (49 U.S.C. § 5103a et seq.) and federal regulations, that the applicant<\/span> does not pose a security threat warranting denial of such endorsement<\/span>. Further, the Department<\/span> shall cancel<\/span> any existing endorsement<\/span> authorizing a driver<\/span> to operate a vehicle<\/span> transporting hazardous materials<\/span> if it has received notification that the holder of such endorsement<\/span> does not meet the standards for security threat assessment established by the U.S. Transportation Security Administration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of § 46.2-330<\/a>, a Virginia commercial driver<\/span>’s license with a hazardous materials<\/span> endorsement<\/span> shall be issued so that it expires no later than five years from its date of issuance, and it may be issued for a period of less than three years if a shorter period is necessary in order<\/span> to put the license into a five-year renewal cycle as provided in § 46.2-330<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of § 46.2-332<\/a>, the Commissioner<\/span> or his agent<\/span> may collect an additional nonrefundable fee in conjunction with an application for a hazardous materials<\/span> endorsement<\/span> to offset the additional costs of collecting and processing fingerprints and other information required in conjunction with the security threat assessment program established through the U.S. Transportation Security Administration for hazardous materials<\/span> endorsement<\/span> applicants<\/span>, which fee shall include a pass-through of the fees assessed by the Transportation Security Administration or other federal agencies as well as an additional amount, not to exceed $100, to cover additional costs incurred by the Commonwealth in issuing commercial driver<\/span>’s licenses pursuant to the provisions of this section, and there shall be no exemption from such additional fee for any applicant<\/span> who is an employee<\/span> of the Commonwealth or any county, city, or town. In addition, any local law<\/span>-enforcement agency that provided fingerprinting services in conjunction with the security threat assessment program may assess a fee from the applicant<\/span> in an amount set by local ordinance<\/span>, not to exceed $25. Such amount shall be collected by the local law<\/span>-enforcement agency and remitted to the treasurer of the appropriate locality to be used solely for the purpose of defraying the costs of operating the law<\/span>-enforcement agency and shall not be used to supplant existing local funds for the operation of the law<\/span>-enforcement agency. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFORMANCE WITH REQUIREMENTS OF U.S.A. PATRIOT ACT OF 2001 (\u00a7 46.2-341.16:1)\n\nA. Notwithstanding any other provision of this title, no endorsement authorizing\nthe driver to operate a vehicle transporting hazardous materials shall be\nissued, renewed, or reissued by the Department unless the endorsement is issued,\nrenewed, or reissued in conformance with the requirements of § 1012 of the\nU.S.A. Patriot Act of 2001, including all amendments thereto, and the federal\nregulation promulgated thereunder, for the issuance by the states of licenses to\noperate motor vehicles transporting hazardous materials, and the Department has\nreceived notification from the U.S. Secretary of Transportation or the U.S.\nTransportation Security Administration, if required by the U.S.A. Patriot Act\n2001 (49 U.S.C. § 5103a et seq.) and federal regulations, that the\napplicant does not pose a security threat warranting denial of such endorsement.\nFurther, the Department shall cancel any existing endorsement authorizing a\ndriver to operate a vehicle transporting hazardous materials if it has received\nnotification that the holder of such endorsement does not meet the standards for\nsecurity threat assessment established by the U.S. Transportation Security\nAdministration.\n\nB. Notwithstanding the provisions of § 46.2-330, a Virginia commercial\ndriver’s license with a hazardous materials endorsement shall be issued so\nthat it expires no later than five years from its date of issuance, and it may\nbe issued for a period of less than three years if a shorter period is necessary\nin order to put the license into a five-year renewal cycle as provided in §\n46.2-330.\n\nC. Notwithstanding the provisions of § 46.2-332, the Commissioner or his\nagent may collect an additional nonrefundable fee in conjunction with an\napplication for a hazardous materials endorsement to offset the additional costs\nof collecting and processing fingerprints and other information required in\nconjunction with the security threat assessment program established through the\nU.S. Transportation Security Administration for hazardous materials endorsement\napplicants, which fee shall include a pass-through of the fees assessed by the\nTransportation Security Administration or other federal agencies as well as an\nadditional amount, not to exceed $100, to cover additional costs incurred by the\nCommonwealth in issuing commercial driver’s licenses pursuant to the\nprovisions of this section, and there shall be no exemption from such additional\nfee for any applicant who is an employee of the Commonwealth or any county,\ncity, or town. In addition, any local law-enforcement agency that provided\nfingerprinting services in conjunction with the security threat assessment\nprogram may assess a fee from the applicant in an amount set by local ordinance,\nnot to exceed $25. Such amount shall be collected by the local law-enforcement\nagency and remitted to the treasurer of the appropriate locality to be used\nsolely for the purpose of defraying the costs of operating the law-enforcement\nagency and shall not be used to supplant existing local funds for the operation\nof the law-enforcement agency.\n\nHISTORY: 2003, cc. 913, 920; 2004, c. 109.","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}}