{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.8.html"}],"law_id":81320,"edition_id":1,"section_id":81320,"structure_id":13626,"section_number":"46.2-341.8","catch_line":"Nonresidents and new residents","history":"1989, c. 705, \u00a7 46.1-372.8; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258.","full_text":"A\n\nAny person who is not domiciled in the Commonwealth, who has been duly issued a commercial driver’s license or commercial learner’s permit by his state of domicile, who has such license or permit in his immediate possession, whose privilege or license to drive any motor vehicle is not suspended, revoked, or cancelled, and who has not been disqualified from driving a commercial motor vehicle, shall be permitted without further examination or licensure by the Commonwealth, to drive a commercial motor vehicle in the Commonwealth.\n\t\t\tWithin 30 days after becoming domiciled in this Commonwealth, any person who has been issued a commercial driver’s license by another state and who intends to drive a commercial motor vehicle shall apply to the Department for a Virginia commercial driver’s license. If the Commissioner determines that such applicant is otherwise eligible for a commercial driver’s license, the Department will issue him a Virginia commercial driver’s license with the same classification and endorsements as his commercial driver’s license from another state, without requiring him to take the knowledge or skills test required for such commercial driver’s license in accordance with § 46.2-330. However, any such applicant seeking to transfer his commercial driver’s license and to retain a hazardous materials endorsement shall have, within the two-year period preceding his application for a Virginia commercial driver’s license, either (i) passed the required test for such endorsement specified in 49 C.F.R. § 383.121 or (ii) successfully completed a hazardous materials test or training that is given by a third party and that is deemed to substantially cover the same knowledge base as described in 49 C.F.R. § 383.121.B\n\nAny person who is (i) 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) 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 may apply to the Department for a nondomiciled commercial learner’s permit or nondomiciled commercial driver’s license.\n\t\t\tAn applicant for a nondomiciled commercial learner’s permit or nondomiciled commercial driver’s license shall be required to meet all requirements for a commercial learner’s permit or commercial driver’s license, respectively.\n\t\t\tAn applicant domiciled in a foreign jurisdiction shall provide an unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant’s most recent admittance into the United States.\n\t\t\tAn applicant for a nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit shall not be required to surrender his foreign license.\n\t\t\tAfter receipt of a nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit and for as long as it is valid, holders of such licenses or permits shall be required to notify the Department of any adverse action taken by any jurisdiction or governmental agency, foreign or domestic, against his driving privileges. Such notification shall be made before the end of the business day following the day the driver receives notice of the suspension, revocation, cancellation, lost privilege, or disqualification.","order_by":null,"text":{"0":{"id":291450,"text":"Any person who is not domiciled in the Commonwealth, who has been duly issued a commercial driver’s license or commercial learner’s permit by his state of domicile, who has such license or permit in his immediate possession, whose privilege or license to drive any motor vehicle is not suspended, revoked, or cancelled, and who has not been disqualified from driving a commercial motor vehicle, shall be permitted without further examination or licensure by the Commonwealth, to drive a commercial motor vehicle in the Commonwealth.\n\t\t\tWithin 30 days after becoming domiciled in this Commonwealth, any person who has been issued a commercial driver’s license by another state and who intends to drive a commercial motor vehicle shall apply to the Department for a Virginia commercial driver’s license. If the Commissioner determines that such applicant is otherwise eligible for a commercial driver’s license, the Department will issue him a Virginia commercial driver’s license with the same classification and endorsements as his commercial driver’s license from another state, without requiring him to take the knowledge or skills test required for such commercial driver’s license in accordance with § 46.2-330. However, any such applicant seeking to transfer his commercial driver’s license and to retain a hazardous materials endorsement shall have, within the two-year period preceding his application for a Virginia commercial driver’s license, either (i) passed the required test for such endorsement specified in 49 C.F.R. § 383.121 or (ii) successfully completed a hazardous materials test or training that is given by a third party and that is deemed to substantially cover the same knowledge base as described in 49 C.F.R. § 383.121.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":291451,"text":"Any person who is (i) 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) 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 may apply to the Department for a nondomiciled commercial learner’s permit or nondomiciled commercial driver’s license.\n\t\t\tAn applicant for a nondomiciled commercial learner’s permit or nondomiciled commercial driver’s license shall be required to meet all requirements for a commercial learner’s permit or commercial driver’s license, respectively.\n\t\t\tAn applicant domiciled in a foreign jurisdiction shall provide an unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant’s most recent admittance into the United States.\n\t\t\tAn applicant for a nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit shall not be required to surrender his foreign license.\n\t\t\tAfter receipt of a nondomiciled commercial driver’s license or nondomiciled commercial learner’s permit and for as long as it is valid, holders of such licenses or permits shall be required to notify the Department of any adverse action taken by any jurisdiction or governmental agency, foreign or domestic, against his driving privileges. Such notification shall be made before the end of the business day following the day the driver receives notice of the suspension, revocation, cancellation, lost privilege, or disqualification.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13626,"edition_id":1,"name":"Commercial Driver's Licenses","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":226575,"object_type":"structure","relational_id":13626,"identifier":"6.1","token":"46.2\/II\/3\/6.1","url":"\/46.2\/II\/3\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62139,"structure_id":13626,"section_number":"46.2-341.1","catch_line":"Title","url":"\/46.2-341.1\/","token":"46.2\/II\/3\/6.1\/46.2-341.1","metadata":false},{"id":86072,"structure_id":13626,"section_number":"46.2-341.10","catch_line":"Special provisions relating to commercial learner's permit","url":"\/46.2-341.10\/","token":"46.2\/II\/3\/6.1\/46.2-341.10","metadata":false},{"id":55427,"structure_id":13626,"section_number":"46.2-341.10:1","catch_line":"Seasonal restricted commercial drivers' licenses","url":"\/46.2-341.10_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.10_1","metadata":false},{"id":80884,"structure_id":13626,"section_number":"46.2-341.11","catch_line":"Commercial drivers required to notify the Department of change of address","url":"\/46.2-341.11\/","token":"46.2\/II\/3\/6.1\/46.2-341.11","metadata":false},{"id":72843,"structure_id":13626,"section_number":"46.2-341.12","catch_line":"Application for commercial driver's license or commercial learner's permit","url":"\/46.2-341.12\/","token":"46.2\/II\/3\/6.1\/46.2-341.12","metadata":false},{"id":69557,"structure_id":13626,"section_number":"46.2-341.13","catch_line":"Disposition of fees","url":"\/46.2-341.13\/","token":"46.2\/II\/3\/6.1\/46.2-341.13","metadata":false},{"id":56197,"structure_id":13626,"section_number":"46.2-341.14","catch_line":"Testing requirements for commercial driver's license; 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use of breath tests as evidence","url":"\/46.2-341.26_9\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_9","metadata":false},{"id":86700,"structure_id":13626,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","url":"\/46.2-341.27\/","token":"46.2\/II\/3\/6.1\/46.2-341.27","metadata":false},{"id":75919,"structure_id":13626,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","url":"\/46.2-341.28\/","token":"46.2\/II\/3\/6.1\/46.2-341.28","metadata":false},{"id":79763,"structure_id":13626,"section_number":"46.2-341.29","catch_line":"Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04","url":"\/46.2-341.29\/","token":"46.2\/II\/3\/6.1\/46.2-341.29","metadata":false},{"id":68020,"structure_id":13626,"section_number":"46.2-341.3","catch_line":"Conflicts; supplement to driver licensing statutes","url":"\/46.2-341.3\/","token":"46.2\/II\/3\/6.1\/46.2-341.3","metadata":false},{"id":71918,"structure_id":13626,"section_number":"46.2-341.30","catch_line":"Disqualification for driving commercial motor vehicle while intoxicated, etc","url":"\/46.2-341.30\/","token":"46.2\/II\/3\/6.1\/46.2-341.30","metadata":false},{"id":78117,"structure_id":13626,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","url":"\/46.2-341.31\/","token":"46.2\/II\/3\/6.1\/46.2-341.31","metadata":false},{"id":77588,"structure_id":13626,"section_number":"46.2-341.32","catch_line":"Authority to enter into agreements","url":"\/46.2-341.32\/","token":"46.2\/II\/3\/6.1\/46.2-341.32","metadata":false},{"id":80768,"structure_id":13626,"section_number":"46.2-341.33","catch_line":"Repealed","url":"\/46.2-341.33\/","token":"46.2\/II\/3\/6.1\/46.2-341.33","metadata":false},{"id":80048,"structure_id":13626,"section_number":"46.2-341.34","catch_line":"Appeals","url":"\/46.2-341.34\/","token":"46.2\/II\/3\/6.1\/46.2-341.34","metadata":false},{"id":66116,"structure_id":13626,"section_number":"46.2-341.4","catch_line":"Definitions","url":"\/46.2-341.4\/","token":"46.2\/II\/3\/6.1\/46.2-341.4","metadata":false},{"id":66547,"structure_id":13626,"section_number":"46.2-341.5","catch_line":"Regulations consistent with Commercial Motor Vehicle Safety Act","url":"\/46.2-341.5\/","token":"46.2\/II\/3\/6.1\/46.2-341.5","metadata":false},{"id":77056,"structure_id":13626,"section_number":"46.2-341.6","catch_line":"Limitation on number of driver's licenses","url":"\/46.2-341.6\/","token":"46.2\/II\/3\/6.1\/46.2-341.6","metadata":false},{"id":81981,"structure_id":13626,"section_number":"46.2-341.7","catch_line":"Commercial driver's license required; penalty","url":"\/46.2-341.7\/","token":"46.2\/II\/3\/6.1\/46.2-341.7","metadata":false},{"id":81320,"structure_id":13626,"section_number":"46.2-341.8","catch_line":"Nonresidents and new residents","url":"\/46.2-341.8\/","token":"46.2\/II\/3\/6.1\/46.2-341.8","metadata":false},{"id":67339,"structure_id":13626,"section_number":"46.2-341.9","catch_line":"Eligibility for commercial driver's license or commercial learner's permit","url":"\/46.2-341.9\/","token":"46.2\/II\/3\/6.1\/46.2-341.9","metadata":false},{"id":84925,"structure_id":13626,"section_number":"46.2-341.9:01","catch_line":"Specialized training required","url":"\/46.2-341.9_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_01","metadata":false},{"id":75974,"structure_id":13626,"section_number":"46.2-341.9:1","catch_line":"Commissioner to grant variances for commercial drivers transporting hazardous wastes","url":"\/46.2-341.9_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_1","metadata":false}],"previous_section":{"id":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.8\/","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 3 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 2013, chapters 165<\/a> and 582<\/a>; in 2014, chapters 77<\/a> and 803<\/a>; in 2015, chapter 258<\/a>.<\/p>","references":false,"refers_to":[{"id":55697,"section_number":"46.2-330","catch_line":"Expiration and renewal of licenses; examinations required","order_by":null,"url":"\/46.2-330\/"}],"permalink":{"id":226845,"object_type":"law","relational_id":81320,"identifier":"46.2-341.8","token":"46.2\/II\/3\/6.1\/46.2-341.8","url":"\/46.2-341.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.8\/","token":"46.2\/II\/3\/6.1\/46.2-341.8","dublin_core":{"Title":"Nonresidents and new residents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> who is not domiciled in the Commonwealth, who has been duly issued a commercial driver<\/span>’s license or commercial learner’s permit by his state<\/span> of domicile<\/span>, who has such license or permit in his immediate possession<\/span>, whose privilege<\/span> or license to drive any motor vehicle<\/span> is not suspended, revoked, or cancelled, and who has not been disqualified from driving a commercial motor vehicle<\/span>, shall be permitted without further examination or licensure by the Commonwealth, to drive a commercial motor vehicle<\/span> in the Commonwealth.\n\t\t\tWithin 30 days after becoming domiciled in this Commonwealth, any person<\/span> who has been issued a commercial driver<\/span>’s license by another state<\/span> and who intends to drive a commercial motor vehicle<\/span> shall apply to the Department<\/span> for a Virginia commercial driver<\/span>’s license. If the Commissioner<\/span> determines that such applicant<\/span> is otherwise eligible for a commercial driver<\/span>’s license, the Department<\/span> will issue<\/span> him a Virginia commercial driver<\/span>’s license with the same classification and endorsements<\/span> as his commercial driver<\/span>’s license from another state<\/span>, without requiring him to take the knowledge or skills test required for such commercial driver<\/span>’s license in accordance with § 46.2-330<\/a>. However, any such applicant<\/span> seeking to transfer his commercial driver<\/span>’s license and to retain a hazardous materials<\/span> endorsement<\/span> shall have, within the two-year period preceding his application for a Virginia commercial driver<\/span>’s license, either (i) passed the required test for such endorsement<\/span> specified in 49 C.F.R. § 383.121 or (ii) successfully completed a hazardous materials<\/span> test or training that is given by a third party<\/span> and that is deemed to substantially cover the same knowledge base as described in 49 C.F.R. § 383.121. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> who is (i) domiciled in a foreign jurisdiction<\/span> that does not test drivers<\/span> and issue<\/span> commercial driver<\/span>’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) domiciled in another state<\/span> while that state<\/span> is prohibited from issuing commercial driver<\/span>’s licenses in accordance with decertification requirements of 49 C.F.R. § 384.405 may apply to the Department<\/span> for a nondomiciled commercial learner’s permit or nondomiciled commercial driver<\/span>’s license.\n\t\t\tAn applicant<\/span> for a nondomiciled commercial learner’s permit or nondomiciled commercial driver<\/span>’s license shall be required to meet all requirements for a commercial learner’s permit or commercial driver<\/span>’s license, respectively.\n\t\t\tAn applicant<\/span> domiciled in a foreign jurisdiction<\/span> shall provide an unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant<\/span>’s most recent admittance into the United States<\/span>.\n\t\t\tAn applicant<\/span> for a nondomiciled commercial driver<\/span>’s license or nondomiciled commercial learner’s permit shall not be required to surrender his foreign license.\n\t\t\tAfter receipt of a nondomiciled commercial driver<\/span>’s license or nondomiciled commercial learner’s permit and for as long as it is valid, holders of such licenses or permits shall be required to notify the Department<\/span> of any adverse action taken by any jurisdiction<\/span> or governmental agency, foreign or domestic, against his driving privileges<\/span>. Such notification shall be made before the end of the business day following the day the driver<\/span> receives notice of the suspension<\/span>, revocation<\/span>, cancellation<\/span>, lost privilege<\/span>, or disqualification<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONRESIDENTS AND NEW RESIDENTS (\u00a7 46.2-341.8)\n\nA. Any person who is not domiciled in the Commonwealth, who has been duly issued\na commercial driver’s license or commercial learner’s permit by his\nstate of domicile, who has such license or permit in his immediate possession,\nwhose privilege or license to drive any motor vehicle is not suspended, revoked,\nor cancelled, and who has not been disqualified from driving a commercial motor\nvehicle, shall be permitted without further examination or licensure by the\nCommonwealth, to drive a commercial motor vehicle in the Commonwealth.\n\t\t\tWithin 30 days after becoming domiciled in this Commonwealth, any person who\nhas been issued a commercial driver’s license by another state and who\nintends to drive a commercial motor vehicle shall apply to the Department for a\nVirginia commercial driver’s license. If the Commissioner determines that\nsuch applicant is otherwise eligible for a commercial driver’s license,\nthe Department will issue him a Virginia commercial driver’s license with\nthe same classification and endorsements as his commercial driver’s\nlicense from another state, without requiring him to take the knowledge or\nskills test required for such commercial driver’s license in accordance\nwith § 46.2-330. However, any such applicant seeking to transfer his\ncommercial driver’s license and to retain a hazardous materials\nendorsement shall have, within the two-year period preceding his application for\na Virginia commercial driver’s license, either (i) passed the required\ntest for such endorsement specified in 49 C.F.R. § 383.121 or (ii)\nsuccessfully completed a hazardous materials test or training that is given by a\nthird party and that is deemed to substantially cover the same knowledge base as\ndescribed in 49 C.F.R. § 383.121.\n\nB. Any person who is (i) domiciled in a foreign jurisdiction that does not test\ndrivers and issue commercial driver’s licenses in accordance with, or\nunder standards similar to, the standards contained in subparts F, G, and H of\nPart 383 of the Federal Motor Carrier Safety Regulations or (ii) 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 may apply to the Department for a nondomiciled commercial\nlearner’s permit or nondomiciled commercial driver’s license.\n\t\t\tAn applicant for a nondomiciled commercial learner’s permit or\nnondomiciled commercial driver’s license shall be required to meet all\nrequirements for a commercial learner’s permit or commercial\ndriver’s license, respectively.\n\t\t\tAn applicant domiciled in a foreign jurisdiction shall provide an unexpired\nemployment authorization document (EAD) issued by the U.S. Citizenship and\nImmigration Services (USCIS) or an unexpired foreign passport accompanied by an\napproved Form I-94 documenting the applicant’s most recent admittance into\nthe United States.\n\t\t\tAn applicant for a nondomiciled commercial driver’s license or\nnondomiciled commercial learner’s permit shall not be required to\nsurrender his foreign license.\n\t\t\tAfter receipt of a nondomiciled commercial driver’s license or\nnondomiciled commercial learner’s permit and for as long as it is valid,\nholders of such licenses or permits shall be required to notify the Department\nof any adverse action taken by any jurisdiction or governmental agency, foreign\nor domestic, against his driving privileges. Such notification shall be made\nbefore the end of the business day following the day the driver receives notice\nof the suspension, revocation, cancellation, lost privilege, or\ndisqualification.\n\nHISTORY: 1989, c. 705, \u00a7 46.1-372.8; 2013, cc. 165, 582; 2014, cc. 77, 803;\n2015, c. 258.","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}}