{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.4.html"}],"law_id":66116,"edition_id":1,"section_id":66116,"structure_id":13626,"section_number":"46.2-341.4","catch_line":"Definitions","history":"1989, c. 705, \u00a7 46.1-372.4; 1990, c. 218; 1993, c. 70; 1998, c. 883; 2005, c. 513; 2008, c. 190; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2016, c. 429; 2019, c. 750; 2024, cc. 107, 121.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t“Air brake” means any braking system operating fully or partially on the air brake principle.\n\t\t“Applicant” means an individual who applies to obtain, transfer, upgrade, or renew a commercial driver’s license or to obtain or renew a commercial learner’s permit.\n\t\t“Automatic transmission” means, for the purposes of the skills test and the restriction, any transmission other than a manual transmission.\n\t\t“CDLIS driver record” means the electronic record of the individual commercial driver’s status and history stored by the State of Record as part of the Commercial Driver’s License Information System (CDLIS).\n\t\t“Commercial driver’s license” means any driver’s license issued to a person in accordance with the provisions of this article, or if the license is issued by another state, any license issued to a person in accordance with the federal Commercial Motor Vehicle Safety Act, which authorizes such person to drive a commercial motor vehicle of the class and type and with the restrictions indicated on the license.\n\t\t“Commercial driver’s license information system” or “CDLIS” means the commercial driver’s license information system established by the Federal Motor Carrier Safety Administration pursuant to \u00a7 12007 of the Commercial Motor Vehicle Safety Act of 1986.\n\t\t“Commercial learner’s permit” means a permit issued to an individual in accordance with the provisions of this article or, if issued by another state, a permit issued in accordance with the standards contained in the Federal Motor Carrier Safety Regulations, which, when carried with a valid driver’s license issued by the same state or jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid commercial driver’s license for purposes of behind-the-wheel training. When issued to a commercial driver’s license holder, a commercial learner’s permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder’s current commercial driver’s license is not valid.\n\t\t“Commercial motor vehicle” means, except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds, whichever is greater; (ii) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, whichever is greater, inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.\n\t\tThe following are excluded from the definition of commercial motor vehicle:\n\n1\n\nAny vehicle when used by an individual solely for his own personal purposes, such as personal recreational activities;2\n\nAny vehicle that (i) is controlled and operated by a farmer, whether or not it is owned by the farmer, and that is used exclusively for farm use, as provided in §§ 46.2-649.3 and 46.2-698; (ii) is used to transport either agricultural products, farm machinery, or farm supplies to or from a farm; (iii) is not used in the operation of a common or contract motor carrier; and (iv) is used within 150 miles of the farmer’s farm;3\n\nAny vehicle operated for military purposes by (i) active duty military personnel; (ii) members of the military reserves; (iii) members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), but not U.S. Reserve technicians; and (iv) active duty U.S. Coast Guard personnel; or4\n\nEmergency equipment operated by a member of a firefighting, rescue, or emergency entity in the performance of his official duties.\n\t\t\t“Commercial Motor Vehicle Safety Act” means the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of P.L. 99-570, as amended.\n\t\t\t“Conviction” means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail, or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of a motor vehicle, a civil or an administrative determination of a violation. For the purposes of this definition, an administrative determination includes an unvacated certification or finding by an administrative or authorized law-enforcement official that a person has violated a provision of law.\n\t\t\t“Disqualification” means a prohibition against driving, operating, or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body.\n\t\t\t“Domicile” means a person’s true, fixed, and permanent home and principal residence, to which he intends to return whenever he is absent.\n\t\t\t“Employee” means a payroll employee or person employed under lease or contract, or a person who has applied for employment and whose employment is contingent upon obtaining a commercial driver’s license.\n\t\t\t“Employer” means a person who owns or leases commercial motor vehicles and assigns employees to drive such vehicles.\n\t\t\t“Endorsement” means an authorization to an individual’s commercial driver’s license or commercial learner’s permit required to permit the individual to operate certain types of commercial motor vehicles.\n\t\t\t“Entry-level driver” means an individual who (i) must complete the commercial driver’s license skills test requirements under FMCSA regulations prior to receiving a commercial driver’s license for the first time, (ii) is upgrading to a Class A or Class B commercial driver’s license for the first time, or (iii) is obtaining a hazardous materials, passenger, or school bus endorsement for the first time. This definition does not include individuals exempt from such requirements under 49 C.F.R. § 380.603.\n\t\t\t“Entry-level driver training” means training an entry-level driver receives from an entity listed on the FMCSA’s Training Provider Registry, as provided for in 49 C.F.R. § 380.700 et seq., prior to taking the (i) commercial driver’s license skills test required to (a) receive a commercial driver’s license for the first time, (b) receive the Class A or Class B commercial driver’s license for the first time, (c) upgrade to a Class A or B commercial driver’s license for the first time, or (d) obtain a passenger or school bus endorsement for the first time or (ii) commercial driver’s license knowledge test required to obtain a hazardous materials endorsement for the first time.\n\t\t\t“FMCSA” means the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation.\n\t\t\t“Full air brake” means any braking system operating fully on the air brake principle.\n\t\t\t“Gross combination weight rating” means the value specified by the manufacturers of an articulated vehicle or combination of vehicles as the maximum loaded weight of such vehicles. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross combination weight rating shall be the greater of (i) the gross vehicle weight rating of the power units of the combination vehicle plus the total weight of the towed units, including any loads thereon, or (ii) the gross weight at which the articulated vehicle or combination of vehicles is registered in its state of registration; however, the registered gross weight shall not be applicable for determining the classification of an articulated vehicle or combination of vehicles for purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16.\n\t\t\t“Gross vehicle weight rating” means the value specified by the manufacturer of the vehicle as the maximum loaded weight of a single vehicle. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross vehicle weight rating shall be the greater of (i) the actual gross weight of the vehicle, including any load thereon, or (ii) the gross weight at which the vehicle is registered in its state of registration; however, the registered gross weight of the vehicle shall not be applicable for determining the classification of a vehicle for purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16.\n\t\t\t“Hazardous materials” means materials designated to be hazardous in accordance with § 103 of the federal Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., as amended, and which require placarding when transported by motor vehicle as provided in the federal Hazardous Materials Regulations, 49 C.F.R. Part 172, Subpart F; it also includes any quantity of any material listed as a select agent or toxin in federal Public Health Service Regulations at 42 C.F.R. Part 73.\n\t\t\t“Manual transmission,” also known as a stick shift, stick, straight drive, or standard transmission, means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot.\n\t\t\t“Noncommercial driver’s license” means any other type of motor vehicle license, such as an automobile driver’s license, a chauffeur’s license, or a motorcycle license.\n\t\t\t“Nondomiciled commercial learner’s permit” or “nondomiciled commercial driver’s license” means a commercial learner’s permit or commercial driver’s license, respectively, issued to a person in accordance with the provisions of this article or, if issued by another state, under either of the following two conditions: (i) to an individual domiciled in a foreign jurisdiction that does not test drivers and issue commercial driver’s licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor Carrier Safety Regulations or (ii) to an individual domiciled in another state while that state is prohibited from issuing commercial driver’s licenses in accordance with decertification requirements of 49 C.F.R. § 384.405.\n\t\t\t“Out-of-service order” or “out-of-service declaration” means an order by a judicial officer pursuant to § 46.2-341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized law-enforcement officer under § 46.2-1001 or regulations promulgated pursuant to § 52-8.4 relating to Motor Carrier Safety, and including similar actions by authorized judicial officers or enforcement officers acting pursuant to similar laws of other states, the United States, the Canadian Provinces, Canada, Mexico, and localities within them, and also including actions by federal or other jurisdictions’ officers pursuant to Federal Motor Carrier Safety Regulations, that a driver, a commercial motor vehicle, or a motor carrier is out of service. Such order or declaration as to a driver means that the driver is prohibited from operating a commercial motor vehicle for the duration of the out-of-service period. Such order or declaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted in the order or declaration has been removed and the vehicle has been cleared for further operation. Such order or declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-of-service order or declaration has been lifted. For purposes of this article, the provisions of the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 390 through 397, including such regulations or any substantially similar regulations as may have been adopted by any state of the United States, the Provinces of Canada, Canada, Mexico, or any locality shall be considered laws similar to the laws of the Commonwealth referenced herein.\n\t\t\t“Person” means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board.\n\t\t\t“Restriction” means a prohibition on a commercial driver’s license or commercial learner’s permit that prohibits the holder from operating certain commercial motor vehicles.\n\t\t\t“Seasonal restricted commercial driver’s license” means a commercial driver’s license issued under the authority of the waiver promulgated by the federal Department of Transportation (49 C.F.R. § 383.3) by the Commonwealth or any other jurisdiction to an individual who has not passed the knowledge or skills tests required of other commercial driver’s license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a farm service business, within 150 miles of the place of business or the farm currently being served.\n\t\t\t“State” means one of the 50 states of the United States or the District of Columbia.\n\t\t\t“Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons as provided in 49 C.F.R. Part 383. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.\n\t\t\t“Third party examiner” means an individual who is an employee of a third party tester and who is certified by the Department to administer tests required for a commercial driver’s license.\n\t\t\t“Third party instructor” means an individual who is an employee of a third party tester or a training provider and who (i) is authorized by the Department to provide entry-level driver training required for a commercial driver’s license and (ii) meets the requirements for either a theory or behind-the-wheel instructor as defined in § 46.2-1700.\n\t\t\t“Third party tester” means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 (§ 23.1-2900 et seq.) of Title 23.1, or a department, agency, or instrumentality of a local government) certified by the Department to employ third party examiners to administer a test program for testing commercial driver’s license applicants in accordance with this article.\n\t\t\t“Training provider” means a person that provides entry-level driver training and that is (i) a Virginia licensed Class A driver training school or a Virginia certified third party tester and is listed on the federal Training Provider Registry or (ii) an entity that is otherwise licensed, certified, registered, or authorized to provide training in accordance with the laws of the Commonwealth or the applicable laws of another state and is listed on the federal Training Provider Registry.\n\t\t\t“VAMCSR” means the Virginia Motor Carrier Safety Regulations (19VAC30-20) adopted by the Department of State Police pursuant to § 52-8.4.","order_by":null,"text":{"0":{"id":240200,"text":"As used in this article, unless the context requires a different meaning:\n\t\t“Air brake” means any braking system operating fully or partially on the air brake principle.\n\t\t“Applicant” means an individual who applies to obtain, transfer, upgrade, or renew a commercial driver’s license or to obtain or renew a commercial learner’s permit.\n\t\t“Automatic transmission” means, for the purposes of the skills test and the restriction, any transmission other than a manual transmission.\n\t\t“CDLIS driver record” means the electronic record of the individual commercial driver’s status and history stored by the State of Record as part of the Commercial Driver’s License Information System (CDLIS).\n\t\t“Commercial driver’s license” means any driver’s license issued to a person in accordance with the provisions of this article, or if the license is issued by another state, any license issued to a person in accordance with the federal Commercial Motor Vehicle Safety Act, which authorizes such person to drive a commercial motor vehicle of the class and type and with the restrictions indicated on the license.\n\t\t“Commercial driver’s license information system” or “CDLIS” means the commercial driver’s license information system established by the Federal Motor Carrier Safety Administration pursuant to \u00a7 12007 of the Commercial Motor Vehicle Safety Act of 1986.\n\t\t“Commercial learner’s permit” means a permit issued to an individual in accordance with the provisions of this article or, if issued by another state, a permit issued in accordance with the standards contained in the Federal Motor Carrier Safety Regulations, which, when carried with a valid driver’s license issued by the same state or jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid commercial driver’s license for purposes of behind-the-wheel training. When issued to a commercial driver’s license holder, a commercial learner’s permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder’s current commercial driver’s license is not valid.\n\t\t“Commercial motor vehicle” means, except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds, whichever is greater; (ii) has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, whichever is greater, inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.\n\t\tThe following are excluded from the definition of commercial motor vehicle:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":240201,"text":"Any vehicle when used by an individual solely for his own personal purposes, such as personal recreational activities;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":240202,"text":"Any vehicle that (i) is controlled and operated by a farmer, whether or not it is owned by the farmer, and that is used exclusively for farm use, as provided in §§ 46.2-649.3 and 46.2-698; (ii) is used to transport either agricultural products, farm machinery, or farm supplies to or from a farm; (iii) is not used in the operation of a common or contract motor carrier; and (iv) is used within 150 miles of the farmer’s farm;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":240203,"text":"Any vehicle operated for military purposes by (i) active duty military personnel; (ii) members of the military reserves; (iii) members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), but not U.S. Reserve technicians; and (iv) active duty U.S. Coast Guard personnel; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":240204,"text":"Emergency equipment operated by a member of a firefighting, rescue, or emergency entity in the performance of his official duties.\n\t\t\t“Commercial Motor Vehicle Safety Act” means the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of P.L. 99-570, as amended.\n\t\t\t“Conviction” means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bond, bail, or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs in lieu of trial, a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses involving the operation of a motor vehicle, a civil or an administrative determination of a violation. For the purposes of this definition, an administrative determination includes an unvacated certification or finding by an administrative or authorized law-enforcement official that a person has violated a provision of law.\n\t\t\t“Disqualification” means a prohibition against driving, operating, or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body.\n\t\t\t“Domicile” means a person’s true, fixed, and permanent home and principal residence, to which he intends to return whenever he is absent.\n\t\t\t“Employee” means a payroll employee or person employed under lease or contract, or a person who has applied for employment and whose employment is contingent upon obtaining a commercial driver’s license.\n\t\t\t“Employer” means a person who owns or leases commercial motor vehicles and assigns employees to drive such vehicles.\n\t\t\t“Endorsement” means an authorization to an individual’s commercial driver’s license or commercial learner’s permit required to permit the individual to operate certain types of commercial motor vehicles.\n\t\t\t“Entry-level driver” means an individual who (i) must complete the commercial driver’s license skills test requirements under FMCSA regulations prior to receiving a commercial driver’s license for the first time, (ii) is upgrading to a Class A or Class B commercial driver’s license for the first time, or (iii) is obtaining a hazardous materials, passenger, or school bus endorsement for the first time. This definition does not include individuals exempt from such requirements under 49 C.F.R. § 380.603.\n\t\t\t“Entry-level driver training” means training an entry-level driver receives from an entity listed on the FMCSA’s Training Provider Registry, as provided for in 49 C.F.R. § 380.700 et seq., prior to taking the (i) commercial driver’s license skills test required to (a) receive a commercial driver’s license for the first time, (b) receive the Class A or Class B commercial driver’s license for the first time, (c) upgrade to a Class A or B commercial driver’s license for the first time, or (d) obtain a passenger or school bus endorsement for the first time or (ii) commercial driver’s license knowledge test required to obtain a hazardous materials endorsement for the first time.\n\t\t\t“FMCSA” means the Federal Motor Carrier Safety Administration of the U.S. Department of Transportation.\n\t\t\t“Full air brake” means any braking system operating fully on the air brake principle.\n\t\t\t“Gross combination weight rating” means the value specified by the manufacturers of an articulated vehicle or combination of vehicles as the maximum loaded weight of such vehicles. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross combination weight rating shall be the greater of (i) the gross vehicle weight rating of the power units of the combination vehicle plus the total weight of the towed units, including any loads thereon, or (ii) the gross weight at which the articulated vehicle or combination of vehicles is registered in its state of registration; however, the registered gross weight shall not be applicable for determining the classification of an articulated vehicle or combination of vehicles for purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16.\n\t\t\t“Gross vehicle weight rating” means the value specified by the manufacturer of the vehicle as the maximum loaded weight of a single vehicle. In the absence of such a value specified by the manufacturer, for law-enforcement purposes, the gross vehicle weight rating shall be the greater of (i) the actual gross weight of the vehicle, including any load thereon, or (ii) the gross weight at which the vehicle is registered in its state of registration; however, the registered gross weight of the vehicle shall not be applicable for determining the classification of a vehicle for purposes of skills testing pursuant to § 46.2-341.14 or 46.2-341.16.\n\t\t\t“Hazardous materials” means materials designated to be hazardous in accordance with § 103 of the federal Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq., as amended, and which require placarding when transported by motor vehicle as provided in the federal Hazardous Materials Regulations, 49 C.F.R. Part 172, Subpart F; it also includes any quantity of any material listed as a select agent or toxin in federal Public Health Service Regulations at 42 C.F.R. Part 73.\n\t\t\t“Manual transmission,” also known as a stick shift, stick, straight drive, or standard transmission, means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot.\n\t\t\t“Noncommercial driver’s license” means any other type of motor vehicle license, such as an automobile driver’s license, a chauffeur’s license, or a motorcycle license.\n\t\t\t“Nondomiciled commercial learner’s permit” or “nondomiciled commercial driver’s license” means a commercial learner’s permit or commercial driver’s license, respectively, issued to a person in accordance with the provisions of this article or, if issued by another state, under either of the following two conditions: (i) to an individual domiciled in a foreign jurisdiction that does not test drivers and issue commercial driver’s licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor Carrier Safety Regulations or (ii) to an individual domiciled in another state while that state is prohibited from issuing commercial driver’s licenses in accordance with decertification requirements of 49 C.F.R. § 384.405.\n\t\t\t“Out-of-service order” or “out-of-service declaration” means an order by a judicial officer pursuant to § 46.2-341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized law-enforcement officer under § 46.2-1001 or regulations promulgated pursuant to § 52-8.4 relating to Motor Carrier Safety, and including similar actions by authorized judicial officers or enforcement officers acting pursuant to similar laws of other states, the United States, the Canadian Provinces, Canada, Mexico, and localities within them, and also including actions by federal or other jurisdictions’ officers pursuant to Federal Motor Carrier Safety Regulations, that a driver, a commercial motor vehicle, or a motor carrier is out of service. Such order or declaration as to a driver means that the driver is prohibited from operating a commercial motor vehicle for the duration of the out-of-service period. Such order or declaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted in the order or declaration has been removed and the vehicle has been cleared for further operation. Such order or declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-of-service order or declaration has been lifted. For purposes of this article, the provisions of the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 390 through 397, including such regulations or any substantially similar regulations as may have been adopted by any state of the United States, the Provinces of Canada, Canada, Mexico, or any locality shall be considered laws similar to the laws of the Commonwealth referenced herein.\n\t\t\t“Person” means a natural person, firm, partnership, association, corporation, or a governmental entity including a school board.\n\t\t\t“Restriction” means a prohibition on a commercial driver’s license or commercial learner’s permit that prohibits the holder from operating certain commercial motor vehicles.\n\t\t\t“Seasonal restricted commercial driver’s license” means a commercial driver’s license issued under the authority of the waiver promulgated by the federal Department of Transportation (49 C.F.R. § 383.3) by the Commonwealth or any other jurisdiction to an individual who has not passed the knowledge or skills tests required of other commercial driver’s license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a farm service business, within 150 miles of the place of business or the farm currently being served.\n\t\t\t“State” means one of the 50 states of the United States or the District of Columbia.\n\t\t\t“Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons as provided in 49 C.F.R. Part 383. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.\n\t\t\t“Third party examiner” means an individual who is an employee of a third party tester and who is certified by the Department to administer tests required for a commercial driver’s license.\n\t\t\t“Third party instructor” means an individual who is an employee of a third party tester or a training provider and who (i) is authorized by the Department to provide entry-level driver training required for a commercial driver’s license and (ii) meets the requirements for either a theory or behind-the-wheel instructor as defined in § 46.2-1700.\n\t\t\t“Third party tester” means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 (§ 23.1-2900 et seq.) of Title 23.1, or a department, agency, or instrumentality of a local government) certified by the Department to employ third party examiners to administer a test program for testing commercial driver’s license applicants in accordance with this article.\n\t\t\t“Training provider” means a person that provides entry-level driver training and that is (i) a Virginia licensed Class A driver training school or a Virginia certified third party tester and is listed on the federal Training Provider Registry or (ii) an entity that is otherwise licensed, certified, registered, or authorized to provide training in accordance with the laws of the Commonwealth or the applicable laws of another state and is listed on the federal Training Provider Registry.\n\t\t\t“VAMCSR” means the Virginia Motor Carrier Safety Regulations (19VAC30-20) adopted by the Department of State Police pursuant to § 52-8.4.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"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; behind-the-wheel and knowledge examinations","url":"\/46.2-341.14\/","token":"46.2\/II\/3\/6.1\/46.2-341.14","metadata":false},{"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},{"id":65790,"structure_id":13626,"section_number":"46.2-341.14:1","catch_line":"Requirements for third party testers","url":"\/46.2-341.14_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_1","metadata":false},{"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},{"id":74641,"structure_id":13626,"section_number":"46.2-341.14:2","catch_line":"Requirements for third party examiners","url":"\/46.2-341.14_2\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_2","metadata":false},{"id":67015,"structure_id":13626,"section_number":"46.2-341.14:3","catch_line":"Application for certification by the Department","url":"\/46.2-341.14_3\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_3","metadata":false},{"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},{"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},{"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},{"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},{"id":81479,"structure_id":13626,"section_number":"46.2-341.14:8","catch_line":"Test administration","url":"\/46.2-341.14_8\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_8","metadata":false},{"id":57342,"structure_id":13626,"section_number":"46.2-341.14:9","catch_line":"The skills test certificate; validity of results","url":"\/46.2-341.14_9\/","token":"46.2\/II\/3\/6.1\/46.2-341.14_9","metadata":false},{"id":79523,"structure_id":13626,"section_number":"46.2-341.15","catch_line":"Commercial driver's license and commercial learner's permit document","url":"\/46.2-341.15\/","token":"46.2\/II\/3\/6.1\/46.2-341.15","metadata":false},{"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},{"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","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; disqualification","url":"\/46.2-341.19\/","token":"46.2\/II\/3\/6.1\/46.2-341.19","metadata":false},{"id":70697,"structure_id":13626,"section_number":"46.2-341.2","catch_line":"Repealed","url":"\/46.2-341.2\/","token":"46.2\/II\/3\/6.1\/46.2-341.2","metadata":false},{"id":81766,"structure_id":13626,"section_number":"46.2-341.20","catch_line":"Disqualification for multiple serious traffic violations","url":"\/46.2-341.20\/","token":"46.2\/II\/3\/6.1\/46.2-341.20","metadata":false},{"id":81857,"structure_id":13626,"section_number":"46.2-341.20:1","catch_line":"Disqualification for railroad\/highway grade crossing violations","url":"\/46.2-341.20_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_1","metadata":false},{"id":56229,"structure_id":13626,"section_number":"46.2-341.20:2","catch_line":"Employer penalty; railroad\/highway grade crossing violations; out-of-service order violation","url":"\/46.2-341.20_2\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_2","metadata":false},{"id":75204,"structure_id":13626,"section_number":"46.2-341.20:3","catch_line":"Disqualification for determination of imminent hazard","url":"\/46.2-341.20_3\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_3","metadata":false},{"id":73013,"structure_id":13626,"section_number":"46.2-341.20:4","catch_line":"Disqualification of driver convicted of fraud related to the testing and issuance of a commercial learner's permit or commercial driver's license","url":"\/46.2-341.20_4\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_4","metadata":false},{"id":58898,"structure_id":13626,"section_number":"46.2-341.20:5","catch_line":"Prohibition on texting and use of handheld mobile telephone; penalties","url":"\/46.2-341.20_5\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_5","metadata":false},{"id":68384,"structure_id":13626,"section_number":"46.2-341.20:6","catch_line":"Prohibition on requiring use of handheld mobile telephone or texting; motor carrier penalty","url":"\/46.2-341.20_6\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_6","metadata":false},{"id":55736,"structure_id":13626,"section_number":"46.2-341.20:7","catch_line":"Possession of marijuana in commercial motor vehicle unlawful; civil penalty","url":"\/46.2-341.20_7\/","token":"46.2\/II\/3\/6.1\/46.2-341.20_7","metadata":false},{"id":63743,"structure_id":13626,"section_number":"46.2-341.21","catch_line":"Driving while disqualified; penalties","url":"\/46.2-341.21\/","token":"46.2\/II\/3\/6.1\/46.2-341.21","metadata":false},{"id":74505,"structure_id":13626,"section_number":"46.2-341.22","catch_line":"Requirements upon disqualification","url":"\/46.2-341.22\/","token":"46.2\/II\/3\/6.1\/46.2-341.22","metadata":false},{"id":79099,"structure_id":13626,"section_number":"46.2-341.23","catch_line":"Offenses under substantially similar laws","url":"\/46.2-341.23\/","token":"46.2\/II\/3\/6.1\/46.2-341.23","metadata":false},{"id":67312,"structure_id":13626,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","url":"\/46.2-341.24\/","token":"46.2\/II\/3\/6.1\/46.2-341.24","metadata":false},{"id":61255,"structure_id":13626,"section_number":"46.2-341.25","catch_line":"Preliminary analysis of breath of commercial drivers to determine alcohol content of blood","url":"\/46.2-341.25\/","token":"46.2\/II\/3\/6.1\/46.2-341.25","metadata":false},{"id":66345,"structure_id":13626,"section_number":"46.2-341.26","catch_line":"Repealed","url":"\/46.2-341.26\/","token":"46.2\/II\/3\/6.1\/46.2-341.26","metadata":false},{"id":79291,"structure_id":13626,"section_number":"46.2-341.26:1","catch_line":"Use of chemical tests to determine alcohol or drug content of blood of commercial driver; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.4\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 705 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. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 11 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 1990, chapter 218; in 1993, chapter 70; in 1998, chapter 883<\/a>; in 2005, chapter 513<\/a>; in 2008, chapter 190<\/a>; in 2013, chapters 165<\/a> and 582<\/a>; in 2014, chapters 77<\/a> and 803<\/a>; in 2015, chapter 258<\/a>; in 2016, chapter 429<\/a>; in 2019, chapter 750<\/a>; in 2024, chapters 107<\/a> and 121<\/a>.<\/p>","references":[{"id":81550,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","order_by":null,"url":"\/18.2-270.1\/"},{"id":64557,"section_number":"19.2-389.3","catch_line":"(Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty","order_by":null,"url":"\/19.2-389.3\/"},{"id":84075,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","order_by":null,"url":"\/19.2-392.13\/"},{"id":70253,"section_number":"4.1-1302","catch_line":"Search without warrant; odor of marijuana","order_by":null,"url":"\/4.1-1302\/"},{"id":78142,"section_number":"46.2-111","catch_line":"Flares and other signals relating to stopped commercial motor vehicles","order_by":null,"url":"\/46.2-111\/"},{"id":74273,"section_number":"46.2-1141","catch_line":"Overweight permits for containerized freight and fluid milk","order_by":null,"url":"\/46.2-1141\/"},{"id":77619,"section_number":"46.2-1222.1","catch_line":"Regulation or prohibition of parking of certain vehicles in certain counties and towns","order_by":null,"url":"\/46.2-1222.1\/"},{"id":86675,"section_number":"46.2-1304.1","catch_line":"Localities may regulate construction and parking of commercial motor vehicles used to transport municipal solid waste; penalty","order_by":null,"url":"\/46.2-1304.1\/"},{"id":87240,"section_number":"46.2-1700","catch_line":"Definitions","order_by":null,"url":"\/46.2-1700\/"},{"id":61610,"section_number":"46.2-300","catch_line":"Driving without license prohibited; penalties","order_by":null,"url":"\/46.2-300\/"},{"id":54237,"section_number":"46.2-301","catch_line":"Driving while license, permit, or privilege to drive suspended or revoked","order_by":null,"url":"\/46.2-301\/"},{"id":81751,"section_number":"46.2-320.1","catch_line":"Other grounds for suspension; nonpayment of child support","order_by":null,"url":"\/46.2-320.1\/"},{"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":65790,"section_number":"46.2-341.14:1","catch_line":"Requirements for third party testers","order_by":null,"url":"\/46.2-341.14_1\/"},{"id":58898,"section_number":"46.2-341.20:5","catch_line":"Prohibition on texting and use of handheld mobile telephone; penalties","order_by":null,"url":"\/46.2-341.20_5\/"},{"id":55736,"section_number":"46.2-341.20:7","catch_line":"Possession of marijuana in commercial motor vehicle unlawful; civil penalty","order_by":null,"url":"\/46.2-341.20_7\/"},{"id":55524,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","order_by":null,"url":"\/46.2-382\/"},{"id":72292,"section_number":"46.2-393","catch_line":"(Effective July 1, 2026) Suspension of license on conviction of certain reckless offenses; restricted licenses","order_by":null,"url":"\/46.2-393\/"},{"id":57414,"section_number":"46.2-506","catch_line":"(Effective July 1, 2026) Formal hearings; suspension for excessive point accumulation","order_by":null,"url":"\/46.2-506\/"},{"id":61088,"section_number":"46.2-803.1","catch_line":"Commercial motor vehicles limited to use of certain lanes of certain interstate highways","order_by":null,"url":"\/46.2-803.1\/"}],"refers_to":[{"id":85824,"section_number":"23.1-2900","catch_line":"Definitions","order_by":null,"url":"\/23.1-2900\/"},{"id":61208,"section_number":"30-20","catch_line":"Repealed","order_by":null,"url":"\/30-20\/"},{"id":79566,"section_number":"46.2-1001","catch_line":"Removal of unsafe vehicles; penalty","order_by":null,"url":"\/46.2-1001\/"},{"id":87240,"section_number":"46.2-1700","catch_line":"Definitions","order_by":null,"url":"\/46.2-1700\/"},{"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":56742,"section_number":"46.2-341.16","catch_line":"Vehicle classifications, restrictions, and endorsements","order_by":null,"url":"\/46.2-341.16\/"},{"id":75923,"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","order_by":null,"url":"\/46.2-341.26_2\/"},{"id":54631,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","order_by":null,"url":"\/46.2-341.26_3\/"},{"id":57162,"section_number":"46.2-649.3","catch_line":"Registration of covered farm vehicles","order_by":null,"url":"\/46.2-649.3\/"},{"id":61031,"section_number":"46.2-698","catch_line":"(Contingent effective date \u2014 see Acts 2019, cc. 837 and 846) Fees for farm vehicles","order_by":null,"url":"\/46.2-698\/"},{"id":68439,"section_number":"52-8.4","catch_line":"Powers and duties to promulgate regulations; inspection of certain records","order_by":null,"url":"\/52-8.4\/"}],"permalink":{"id":226829,"object_type":"law","relational_id":66116,"identifier":"46.2-341.4","token":"46.2\/II\/3\/6.1\/46.2-341.4","url":"\/46.2-341.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.4\/","token":"46.2\/II\/3\/6.1\/46.2-341.4","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article, unless the context requires a different meaning:\n\t\t“Air brake<\/span>” means any braking system operating fully or partially on the air brake<\/span> principle.\n\t\t“Applicant<\/span>” means an individual who applies to obtain, transfer, upgrade, or renew a commercial driver’s license or to obtain or renew a commercial learner’s permit.\n\t\t“Automatic transmission” means, for the purposes of the skills test and the restriction<\/span>, any transmission other than a manual transmission.\n\t\t“CDLIS driver record<\/span>” means the electronic record of the individual commercial driver’s status and history stored by the State<\/span> of Record as part of the Commercial Driver’s License Information System (CDLIS).\n\t\t“Commercial driver’s license” means any driver’s license issued to a person<\/span> in accordance with the provisions of this article, or if the license is issued by another state<\/span>, any license issued to a person<\/span> in accordance with the federal Commercial Motor Vehicle Safety Act<\/span>, which authorizes such person<\/span> to drive a commercial motor vehicle of the class and type and with the restrictions<\/span> indicated on the license.\n\t\t“Commercial driver’s license information system” or “CDLIS” means the commercial driver’s license information system established by the Federal Motor Carrier Safety Administration pursuant to \u00a7 12007 of the Commercial Motor Vehicle Safety Act<\/span> of 1986.\n\t\t“Commercial learner’s permit” means a permit issued to an individual in accordance with the provisions of this article or, if issued by another state<\/span>, a permit issued in accordance with the standards contained in the Federal Motor Carrier Safety Regulations, which, when carried with a valid driver’s license issued by the same state<\/span> or jurisdiction<\/span>, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid commercial driver’s license for purposes of behind-the-wheel training. When issued to a commercial driver’s license holder, a commercial learner’s permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder’s current commercial driver’s license is not valid.\n\t\t“Commercial motor vehicle” means, except for those vehicles<\/span> specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles<\/span> used to transport passengers or property which either: (i) has a gross vehicle weight or a gross vehicle weight rating<\/span> of 26,001 or more pounds, whichever is greater; (ii) has a gross combination weight or a gross combination weight rating<\/span> of 26,001 or more pounds, whichever is greater, inclusive of a towed vehicle with a gross vehicle weight rating<\/span> of more than 10,000 pounds; (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials<\/span> as defined in this section. Every such motor vehicle or combination of vehicles<\/span> shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.\n\t\tThe following are excluded from the definition of commercial motor vehicle:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any vehicle when used by an individual solely for his own personal purposes, such as personal recreational activities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any vehicle that (i) is controlled and operated by a farmer, whether or not it is owned by the farmer, and that is used exclusively for farm use, as provided in §§ 46.2-649.3<\/a> and 46.2-698<\/a>; (ii) is used to transport either agricultural products, farm machinery, or farm supplies to or from a farm; (iii) is not used in the operation of a common or contract<\/span> motor carrier; and (iv) is used within 150 miles of the farmer’s farm; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any vehicle operated for military purposes by (i) active duty military personnel; (ii) members of the military reserves; (iii) members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), but not U.S. Reserve technicians; and (iv) active duty U.S. Coast Guard personnel; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Emergency equipment operated by a member of a firefighting, rescue, or emergency entity in the performance of his official duties.\n\t\t\t“Commercial Motor Vehicle Safety Act<\/span>” means the federal Commercial Motor Vehicle Safety Act<\/span> of 1986, Title XII of P.L. 99-570, as amended.\n\t\t\t“Conviction<\/span>” means an unvacated adjudication of guilt, or a determination that a person<\/span> has violated or failed to comply with the law<\/span> in a court<\/span> of original jurisdiction<\/span>, an unvacated forfeiture of bond<\/span>, bail<\/span>, or collateral<\/span> deposited to secure the person<\/span>’s appearance<\/span> in court<\/span>, a plea<\/span> of guilty or nolo contendere<\/span> accepted by the court<\/span>, the payment of a fine or court<\/span> costs in lieu of trial<\/span>, a violation of a condition of release without bail<\/span>, regardless of whether the penalty<\/span> is rebated, suspended, or probated, or, for the purposes of alcohol or drug-related offenses<\/span> involving the operation of a motor vehicle, a civil or an administrative determination of a violation. For the purposes of this definition, an administrative determination includes an unvacated certification or finding<\/span> by an administrative or authorized law<\/span>-enforcement official that a person<\/span> has violated a provision of law<\/span>.\n\t\t\t“Disqualification<\/span>” means a prohibition against driving, operating, or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court<\/span> or a magistrate<\/span>, or by an authorized administrative or law<\/span>-enforcement official or body.\n\t\t\t“Domicile<\/span>” means a person<\/span>’s true, fixed, and permanent home and principal residence, to which he intends to return whenever he is absent.\n\t\t\t“Employee<\/span>” means a payroll employee<\/span> or person<\/span> employed under lease or contract<\/span>, or a person<\/span> who has applied for employment and whose employment is contingent upon obtaining a commercial driver’s license.\n\t\t\t“Employer<\/span>” means a person<\/span> who owns or leases commercial motor vehicles<\/span> and assigns employees<\/span> to drive such vehicles.\n\t\t\t“Endorsement<\/span>” means an authorization to an individual’s commercial driver’s license or commercial learner’s permit required to permit the individual to operate certain types of commercial motor vehicles<\/span>.\n\t\t\t“Entry-level driver” means an individual who (i) must complete the commercial driver’s license skills test requirements under FMCSA<\/span> regulations prior to receiving a commercial driver’s license for the first time, (ii) is upgrading to a Class A or Class B commercial driver’s license for the first time, or (iii) is obtaining a hazardous materials<\/span>, passenger, or school bus<\/span> endorsement<\/span> for the first time. This definition does not include individuals exempt from such requirements under 49 C.F.R. § 380.603.\n\t\t\t“Entry-level driver training<\/span>” means training an entry-level driver receives from an entity listed on the FMCSA<\/span>’s Training Provider<\/span> Registry, as provided for in 49 C.F.R. § 380.700 et seq., prior to taking the (i) commercial driver’s license skills test required to (a) receive a commercial driver’s license for the first time, (b) receive the Class A or Class B commercial driver’s license for the first time, (c) upgrade to a Class A or B commercial driver’s license for the first time, or (d) obtain a passenger or school bus<\/span> endorsement<\/span> for the first time or (ii) commercial driver’s license knowledge test required to obtain a hazardous materials<\/span> endorsement<\/span> for the first time.\n\t\t\t“FMCSA<\/span>” means the Federal Motor Carrier Safety Administration of the U.S. Department<\/span> of Transportation.\n\t\t\t“Full air brake<\/span>” means any braking system operating fully on the air brake principle.\n\t\t\t“Gross combination weight rating<\/span>” means the value specified by the manufacturers of an articulated vehicle or combination of vehicles as the maximum loaded weight of such vehicles. In the absence of such a value specified by the manufacturer, for law<\/span>-enforcement purposes, the gross combination weight rating<\/span> shall be the greater of (i) the gross vehicle weight rating<\/span> of the power units of the combination vehicle plus the total weight of the towed units, including any loads thereon, or (ii) the gross weight<\/span> at which the articulated vehicle or combination of vehicles is registered in its state<\/span> of registration; however, the registered gross weight<\/span> shall not be applicable for determining the classification of an articulated vehicle or combination of vehicles for purposes of skills testing pursuant to § 46.2-341.14<\/a> or 46.2-341.16<\/a>.\n\t\t\t“Gross vehicle weight rating<\/span>” means the value specified by the manufacturer of the vehicle as the maximum loaded weight of a single vehicle. In the absence of such a value specified by the manufacturer, for law<\/span>-enforcement purposes, the gross vehicle weight rating<\/span> shall be the greater of (i) the actual gross weight<\/span> of the vehicle, including any load thereon, or (ii) the gross weight<\/span> at which the vehicle is registered in its state<\/span> of registration; however, the registered gross weight<\/span> of the vehicle shall not be applicable for determining the classification of a vehicle for purposes of skills testing pursuant to § 46.2-341.14<\/a> or 46.2-341.16<\/a>.\n\t\t\t“Hazardous materials<\/span>” means materials designated to be hazardous in accordance with § 103 of the federal Hazardous Materials<\/span> Transportation Act, 49 U.S.C. § 5101 et seq., as amended, and which require placarding when transported by motor vehicle as provided in the federal Hazardous Materials<\/span> Regulations, 49 C.F.R. Part 172, Subpart F; it also includes any quantity of any material<\/span> listed as a select agent<\/span> or toxin in federal Public Health Service Regulations at 42 C.F.R. Part 73.\n\t\t\t“Manual transmission,” also known as a stick shift, stick, straight drive, or standard transmission, means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot.\n\t\t\t“Noncommercial driver’s license” means any other type of motor vehicle license, such as an automobile driver’s license, a chauffeur<\/span>’s license, or a motorcycle<\/span> license.\n\t\t\t“Nondomiciled commercial learner’s permit” or “nondomiciled commercial driver’s license” means a commercial learner’s permit or commercial driver’s license, respectively, issued to a person<\/span> in accordance with the provisions of this article or, if issued by another state<\/span>, under either of the following two conditions: (i) to an individual domiciled in a foreign jurisdiction that does not test drivers<\/span> and issue<\/span> commercial driver’s licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor Carrier Safety Regulations or (ii) to an individual domiciled in another state<\/span> while that state<\/span> is prohibited from issuing commercial driver’s licenses in accordance with decertification requirements of 49 C.F.R. § 384.405.\n\t\t\t“Out-of-service order<\/span>” or “out-of-service declaration<\/span>” means an order by a judicial officer pursuant to § 46.2-341.26:2<\/a> or 46.2-341.26:3<\/a> or an order or declaration by an authorized law<\/span>-enforcement officer<\/span> under § 46.2-1001<\/a> or regulations promulgated pursuant to § 52-8.4<\/a> relating to Motor Carrier Safety, and including similar actions by authorized judicial officers or enforcement officers acting pursuant to similar laws<\/span> of other states<\/span>, the United States<\/span>, the Canadian Provinces, Canada, Mexico, and localities within them, and also including actions by federal or other jurisdictions<\/span>’ officers pursuant to Federal Motor Carrier Safety Regulations, that a driver, a commercial motor vehicle, or a motor carrier is out of service. Such order or declaration as to a driver means that the driver is prohibited from operating a commercial motor vehicle for the duration of the out-of-service period. Such order or declaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted in the order or declaration has been removed and the vehicle has been cleared for further operation. Such order or declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-of-service order<\/span> or declaration has been lifted. For purposes of this article, the provisions of the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 390 through 397, including such regulations or any substantially similar regulations as may have been adopted by any state<\/span> of the United States<\/span>, the Provinces of Canada, Canada, Mexico, or any locality shall be considered laws<\/span> similar to the laws<\/span> of the Commonwealth referenced herein.\n\t\t\t“Person<\/span>” means a natural person<\/span>, firm, partnership, association, corporation, or a governmental entity including a school board.\n\t\t\t“Restriction<\/span>” means a prohibition on a commercial driver’s license or commercial learner’s permit that prohibits the holder from operating certain commercial motor vehicles<\/span>.\n\t\t\t“Seasonal restricted commercial driver’s license” means a commercial driver’s license issued under the authority of the waiver<\/span> promulgated by the federal Department<\/span> of Transportation (49 C.F.R. § 383.3) by the Commonwealth or any other jurisdiction to an individual who has not passed the knowledge or skills tests required of other commercial driver’s license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee<\/span> of a farm service business, within 150 miles of the place of business or the farm currently being served.\n\t\t\t“State<\/span>” means one of the 50 states<\/span> of the United States<\/span> or the District of Columbia.\n\t\t\t“Tank vehicle<\/span>” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part 171. However, this definition does not include portable tanks having a rated capacity under 1,000 gallons as provided in 49 C.F.R. Part 383. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer<\/span> is not considered a tank vehicle<\/span>.\n\t\t\t“Third party examiner<\/span>” means an individual who is an employee<\/span> of a third party tester<\/span> and who is certified by the Department<\/span> to administer tests required for a commercial driver’s license.\n\t\t\t“Third party instructor<\/span>” means an individual who is an employee<\/span> of a third party tester<\/span> or a training provider<\/span> and who (i) is authorized by the Department<\/span> to provide entry-level driver training<\/span> required for a commercial driver’s license and (ii) meets the requirements for either a theory or behind-the-wheel instructor as defined in § 46.2-1700<\/a>.\n\t\t\t“Third party tester<\/span>” means a person<\/span> (including another state<\/span>, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia Community College System established by the State<\/span> Board for Community Colleges pursuant to Chapter 29 (§ 23.1-2900<\/a> et seq.) of Title 23.1, or a department<\/span>, agency, or instrumentality of a local government) certified by the Department<\/span> to employ third party examiners<\/span> to administer a test program for testing commercial driver’s license applicants<\/span> in accordance with this article.\n\t\t\t“Training provider<\/span>” means a person<\/span> that provides entry-level driver training<\/span> and that is (i) a Virginia licensed Class A driver training school or a Virginia certified third party tester<\/span> and is listed on the federal Training Provider<\/span> Registry or (ii) an entity that is otherwise licensed, certified, registered, or authorized to provide training in accordance with the laws<\/span> of the Commonwealth or the applicable laws<\/span> of another state<\/span> and is listed on the federal Training Provider<\/span> Registry.\n\t\t\t“VAMCSR<\/span>” means the Virginia Motor Carrier Safety Regulations (19VAC30-20<\/a>) adopted by the Department<\/span> of State<\/span> Police pursuant to § 52-8.4<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 46.2-341.4)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t“Air brake” means any braking system operating fully or partially\non the air brake principle.\n\t\t“Applicant” means an individual who applies to obtain, transfer,\nupgrade, or renew a commercial driver’s license or to obtain or renew a\ncommercial learner’s permit.\n\t\t“Automatic transmission” means, for the purposes of the skills\ntest and the restriction, any transmission other than a manual transmission.\n\t\t“CDLIS driver record” means the electronic record of the\nindividual commercial driver’s status and history stored by the State of\nRecord as part of the Commercial Driver’s License Information System\n(CDLIS).\n\t\t“Commercial driver’s license” means any driver’s\nlicense issued to a person in accordance with the provisions of this article, or\nif the license is issued by another state, any license issued to a person in\naccordance with the federal Commercial Motor Vehicle Safety Act, which\nauthorizes such person to drive a commercial motor vehicle of the class and type\nand with the restrictions indicated on the license.\n\t\t“Commercial driver’s license information system” or\n“CDLIS” means the commercial driver’s license information\nsystem established by the Federal Motor Carrier Safety Administration pursuant\nto \u00a7 12007 of the Commercial Motor Vehicle Safety Act of 1986.\n\t\t“Commercial learner’s permit” means a permit issued to an\nindividual in accordance with the provisions of this article or, if issued by\nanother state, a permit issued in accordance with the standards contained in the\nFederal Motor Carrier Safety Regulations, which, when carried with a valid\ndriver’s license issued by the same state or jurisdiction, authorizes the\nindividual to operate a class of commercial motor vehicle when accompanied by a\nholder of a valid commercial driver’s license for purposes of\nbehind-the-wheel training. When issued to a commercial driver’s license\nholder, a commercial learner’s permit serves as authorization for\naccompanied behind-the-wheel training in a commercial motor vehicle for which\nthe holder’s current commercial driver’s license is not valid.\n\t\t“Commercial motor vehicle” means, except for those vehicles\nspecifically excluded in this definition, every motor vehicle, vehicle or\ncombination of vehicles used to transport passengers or property which either:\n(i) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or\nmore pounds, whichever is greater; (ii) has a gross combination weight or a\ngross combination weight rating of 26,001 or more pounds, whichever is greater,\ninclusive of a towed vehicle with a gross vehicle weight rating of more than\n10,000 pounds; (iii) is designed to transport 16 or more passengers including\nthe driver; or (iv) is of any size and is used in the transportation of\nhazardous materials as defined in this section. Every such motor vehicle or\ncombination of vehicles shall be considered a commercial motor vehicle whether\nor not it is used in a commercial or profit-making activity.\n\t\tThe following are excluded from the definition of commercial motor vehicle:\n\n1. Any vehicle when used by an individual solely for his own personal purposes,\nsuch as personal recreational activities;\n\n2. Any vehicle that (i) is controlled and operated by a farmer, whether or not\nit is owned by the farmer, and that is used exclusively for farm use, as\nprovided in §§ 46.2-649.3 and 46.2-698; (ii) is used to transport\neither agricultural products, farm machinery, or farm supplies to or from a\nfarm; (iii) is not used in the operation of a common or contract motor carrier;\nand (iv) is used within 150 miles of the farmer’s farm;\n\n3. Any vehicle operated for military purposes by (i) active duty military\npersonnel; (ii) members of the military reserves; (iii) members of the national\nguard on active duty, including personnel on full-time national guard duty,\npersonnel on part-time national guard training, and national guard military\ntechnicians (civilians who are required to wear military uniforms), but not U.S.\nReserve technicians; and (iv) active duty U.S. Coast Guard personnel; or\n\n4. Emergency equipment operated by a member of a firefighting, rescue, or\nemergency entity in the performance of his official duties.\n\t\t\t“Commercial Motor Vehicle Safety Act” means the federal\nCommercial Motor Vehicle Safety Act of 1986, Title XII of P.L. 99-570, as\namended.\n\t\t\t“Conviction” means an unvacated adjudication of guilt, or a\ndetermination that a person has violated or failed to comply with the law in a\ncourt of original jurisdiction, an unvacated forfeiture of bond, bail, or\ncollateral deposited to secure the person’s appearance in court, a plea of\nguilty or nolo contendere accepted by the court, the payment of a fine or court\ncosts in lieu of trial, a violation of a condition of release without bail,\nregardless of whether the penalty is rebated, suspended, or probated, or, for\nthe purposes of alcohol or drug-related offenses involving the operation of a\nmotor vehicle, a civil or an administrative determination of a violation. For\nthe purposes of this definition, an administrative determination includes an\nunvacated certification or finding by an administrative or authorized\nlaw-enforcement official that a person has violated a provision of law.\n\t\t\t“Disqualification” means a prohibition against driving,\noperating, or being in physical control of a commercial motor vehicle for a\nspecified period of time, imposed by a court or a magistrate, or by an\nauthorized administrative or law-enforcement official or body.\n\t\t\t“Domicile” means a person’s true, fixed, and permanent home\nand principal residence, to which he intends to return whenever he is absent.\n\t\t\t“Employee” means a payroll employee or person employed under\nlease or contract, or a person who has applied for employment and whose\nemployment is contingent upon obtaining a commercial driver’s license.\n\t\t\t“Employer” means a person who owns or leases commercial motor\nvehicles and assigns employees to drive such vehicles.\n\t\t\t“Endorsement” means an authorization to an individual’s\ncommercial driver’s license or commercial learner’s permit required\nto permit the individual to operate certain types of commercial motor vehicles.\n\t\t\t“Entry-level driver” means an individual who (i) must complete\nthe commercial driver’s license skills test requirements under FMCSA\nregulations prior to receiving a commercial driver’s license for the first\ntime, (ii) is upgrading to a Class A or Class B commercial driver’s\nlicense for the first time, or (iii) is obtaining a hazardous materials,\npassenger, or school bus endorsement for the first time. This definition does\nnot include individuals exempt from such requirements under 49 C.F.R. §\n380.603.\n\t\t\t“Entry-level driver training” means training an entry-level\ndriver receives from an entity listed on the FMCSA’s Training Provider\nRegistry, as provided for in 49 C.F.R. § 380.700 et seq., prior to taking\nthe (i) commercial driver’s license skills test required to (a) receive a\ncommercial driver’s license for the first time, (b) receive the Class A or\nClass B commercial driver’s license for the first time, (c) upgrade to a\nClass A or B commercial driver’s license for the first time, or (d) obtain\na passenger or school bus endorsement for the first time or (ii) commercial\ndriver’s license knowledge test required to obtain a hazardous materials\nendorsement for the first time.\n\t\t\t“FMCSA” means the Federal Motor Carrier Safety Administration of\nthe U.S. Department of Transportation.\n\t\t\t“Full air brake” means any braking system operating fully on the\nair brake principle.\n\t\t\t“Gross combination weight rating” means the value specified by\nthe manufacturers of an articulated vehicle or combination of vehicles as the\nmaximum loaded weight of such vehicles. In the absence of such a value specified\nby the manufacturer, for law-enforcement purposes, the gross combination weight\nrating shall be the greater of (i) the gross vehicle weight rating of the power\nunits of the combination vehicle plus the total weight of the towed units,\nincluding any loads thereon, or (ii) the gross weight at which the articulated\nvehicle or combination of vehicles is registered in its state of registration;\nhowever, the registered gross weight shall not be applicable for determining the\nclassification of an articulated vehicle or combination of vehicles for purposes\nof skills testing pursuant to § 46.2-341.14 or 46.2-341.16.\n\t\t\t“Gross vehicle weight rating” means the value specified by the\nmanufacturer of the vehicle as the maximum loaded weight of a single vehicle. In\nthe absence of such a value specified by the manufacturer, for law-enforcement\npurposes, the gross vehicle weight rating shall be the greater of (i) the actual\ngross weight of the vehicle, including any load thereon, or (ii) the gross\nweight at which the vehicle is registered in its state of registration; however,\nthe registered gross weight of the vehicle shall not be applicable for\ndetermining the classification of a vehicle for purposes of skills testing\npursuant to § 46.2-341.14 or 46.2-341.16.\n\t\t\t“Hazardous materials” means materials designated to be hazardous\nin accordance with § 103 of the federal Hazardous Materials Transportation\nAct, 49 U.S.C. § 5101 et seq., as amended, and which require placarding\nwhen transported by motor vehicle as provided in the federal Hazardous Materials\nRegulations, 49 C.F.R. Part 172, Subpart F; it also includes any quantity of any\nmaterial listed as a select agent or toxin in federal Public Health Service\nRegulations at 42 C.F.R. Part 73.\n\t\t\t“Manual transmission,” also known as a stick shift, stick,\nstraight drive, or standard transmission, means a transmission utilizing a\ndriver-operated clutch that is activated by a pedal or lever and a gear-shift\nmechanism operated by either hand or foot.\n\t\t\t“Noncommercial driver’s license” means any other type of\nmotor vehicle license, such as an automobile driver’s license, a\nchauffeur’s license, or a motorcycle license.\n\t\t\t“Nondomiciled commercial learner’s permit” or\n“nondomiciled commercial driver’s license” means a commercial\nlearner’s permit or commercial driver’s license, respectively,\nissued to a person in accordance with the provisions of this article or, if\nissued by another state, under either of the following two conditions: (i) to an\nindividual domiciled in a foreign jurisdiction that does not test drivers and\nissue commercial driver’s licenses in accordance with, or under standards\nsimilar to, the standards contained in subparts F, G, and H of Part 383 of the\nFederal Motor Carrier Safety Regulations or (ii) to an individual domiciled in\nanother state while that state is prohibited from issuing commercial\ndriver’s licenses in accordance with decertification requirements of 49\nC.F.R. § 384.405.\n\t\t\t“Out-of-service order” or “out-of-service\ndeclaration” means an order by a judicial officer pursuant to §\n46.2-341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized\nlaw-enforcement officer under § 46.2-1001 or regulations promulgated\npursuant to § 52-8.4 relating to Motor Carrier Safety, and including\nsimilar actions by authorized judicial officers or enforcement officers acting\npursuant to similar laws of other states, the United States, the Canadian\nProvinces, Canada, Mexico, and localities within them, and also including\nactions by federal or other jurisdictions’ officers pursuant to Federal\nMotor Carrier Safety Regulations, that a driver, a commercial motor vehicle, or\na motor carrier is out of service. Such order or declaration as to a driver\nmeans that the driver is prohibited from operating a commercial motor vehicle\nfor the duration of the out-of-service period. Such order or declaration as to a\nvehicle means that such vehicle cannot be operated until the hazardous condition\nthat resulted in the order or declaration has been removed and the vehicle has\nbeen cleared for further operation. Such order or declaration as to a motor\ncarrier means that no vehicle may be operated for or on behalf of such carrier\nuntil the out-of-service order or declaration has been lifted. For purposes of\nthis article, the provisions of the Federal Motor Carrier Safety Regulations, 49\nC.F.R. Parts 390 through 397, including such regulations or any substantially\nsimilar regulations as may have been adopted by any state of the United States,\nthe Provinces of Canada, Canada, Mexico, or any locality shall be considered\nlaws similar to the laws of the Commonwealth referenced herein.\n\t\t\t“Person” means a natural person, firm, partnership, association,\ncorporation, or a governmental entity including a school board.\n\t\t\t“Restriction” means a prohibition on a commercial driver’s\nlicense or commercial learner’s permit that prohibits the holder from\noperating certain commercial motor vehicles.\n\t\t\t“Seasonal restricted commercial driver’s license” means a\ncommercial driver’s license issued under the authority of the waiver\npromulgated by the federal Department of Transportation (49 C.F.R. § 383.3)\nby the Commonwealth or any other jurisdiction to an individual who has not\npassed the knowledge or skills tests required of other commercial driver’s\nlicense holders. This license authorizes operation of a commercial motor vehicle\nonly on a seasonal basis, stated on the license, by a seasonal employee of a\nfarm service business, within 150 miles of the place of business or the farm\ncurrently being served.\n\t\t\t“State” means one of the 50 states of the United States or the\nDistrict of Columbia.\n\t\t\t“Tank vehicle” means any commercial motor vehicle that is\ndesigned to transport any liquid or gaseous materials within a tank or tanks\nhaving an individual rated capacity of more than 119 gallons and an aggregate\nrated capacity of 1,000 gallons or more that is either permanently or\ntemporarily attached to the vehicle or the chassis. Such vehicles include, but\nare not limited to, cargo tanks and portable tanks, as defined in 49 C.F.R. Part\n171. However, this definition does not include portable tanks having a rated\ncapacity under 1,000 gallons as provided in 49 C.F.R. Part 383. A commercial\nmotor vehicle transporting an empty storage container tank, not designed for\ntransportation, with a rated capacity of 1,000 gallons or more that is\ntemporarily attached to a flatbed trailer is not considered a tank vehicle.\n\t\t\t“Third party examiner” means an individual who is an employee of\na third party tester and who is certified by the Department to administer tests\nrequired for a commercial driver’s license.\n\t\t\t“Third party instructor” means an individual who is an employee\nof a third party tester or a training provider and who (i) is authorized by the\nDepartment to provide entry-level driver training required for a commercial\ndriver’s license and (ii) meets the requirements for either a theory or\nbehind-the-wheel instructor as defined in § 46.2-1700.\n\t\t\t“Third party tester” means a person (including another state, a\nmotor carrier, a private institution, the military, a government entity,\nincluding each comprehensive community college in the Virginia Community College\nSystem established by the State Board for Community Colleges pursuant to Chapter\n29 (§ 23.1-2900 et seq.) of Title 23.1, or a department, agency, or\ninstrumentality of a local government) certified by the Department to employ\nthird party examiners to administer a test program for testing commercial\ndriver’s license applicants in accordance with this article.\n\t\t\t“Training provider” means a person that provides entry-level\ndriver training and that is (i) a Virginia licensed Class A driver training\nschool or a Virginia certified third party tester and is listed on the federal\nTraining Provider Registry or (ii) an entity that is otherwise licensed,\ncertified, registered, or authorized to provide training in accordance with the\nlaws of the Commonwealth or the applicable laws of another state and is listed\non the federal Training Provider Registry.\n\t\t\t“VAMCSR” means the Virginia Motor Carrier Safety Regulations\n(19VAC30-20) adopted by the Department of State Police pursuant to §\n52-8.4.\n\nHISTORY: 1989, c. 705, \u00a7 46.1-372.4; 1990, c. 218; 1993, c. 70; 1998, c. 883;\n2005, c. 513; 2008, c. 190; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258;\n2016, c. 429; 2019, c. 750; 2024, cc. 107, 121.","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}}