                                 CODE OF VIRGINIA

LICENSES REQUIRED FOR SCHOOL AND INSTRUCTORS (§ 46.2-1708)

A. A Class A driver training school shall not provide entry-level driver
training in the Commonwealth until it has (i) been licensed pursuant to this
chapter and (ii) provided the Commissioner with its unique Training Provider
Registry number issued by FMCSA pursuant to 49 C.F.R. &#xA7; 380.703 in a form
prescribed by the Department.

B. To become a Class A driver training school an applicant shall include with
its application evidence that:

   1. The curriculum used for theory instruction and behind-the-wheel training
   complies with the curriculum requirements prescribed by the Department;

   2. The facilities used for entry-level driver training for both theory
   instruction and behind-the-wheel training comply with all federal and state
   safety requirements;

   3. The instructors employed by the applicant driver training school are
   licensed under this section;

   4. The applicant driver training school (i) uses written assessments that
   comply with the requirements prescribed by the Department to determine the
   driver trainee&#8217;s proficiency in the knowledge objectives of each unit of
   instruction in the curriculum and (ii) requires driver trainees to achieve an
   overall minimum score of 80 percent for passage of the theory instruction
   portion of the course; and

   5. The applicant driver training school instructors evaluate and document the
   driver trainee&#8217;s proficiency in the behind-the-wheel skills in
   accordance with the curriculum requirements prescribed by the Department.

C. The Commissioner shall not license a behind-the-wheel instructor or theory
instructor unless the applicant provides evidence that his commercial
driver&#8217;s license has not been disqualified, canceled, suspended, or
revoked due to any of the disqualifying offenses identified in 49 C.F.R. §
383.51, unless his commercial driver&#8217;s license was reinstated more than
two years prior to the application date, and that he either:

   1. Currently holds a commercial driver&#8217;s license of the same class or
   higher with all endorsements necessary to operate the commercial motor vehicle
   for which training will be provided and has at least two years of experience
   driving a commercial motor vehicle requiring a commercial driver&#8217;s
   license of the same or higher class or the same endorsement; or

   2. Currently holds a commercial driver&#8217;s license of the same class or
   higher with all endorsements necessary to operate the commercial motor vehicle
   for which training will be provided, and has at least two years of experience
   as a behind-the-wheel commercial motor vehicle instructor.

D. The Commissioner may issue an order suspending, revoking, cancelling, or
denying renewal of a training provider&#8217;s license, certification, or
authorization to provide training effective immediately if the order is based
upon the removal of the school from the federal Training Provider Registry
pursuant to 49 C.F.R. &#xA7; 380.723. Notice of such order shall be in writing
and mailed to the training provider by registered mail to the address as shown
on the training provider&#8217;s most recent application and shall be considered
served when mailed. Upon receipt of a request for a hearing appealing such
order, the training provider shall be afforded the opportunity for a hearing as
soon as practicable, but in no case later than 30 days from receipt of the
hearing request. The order shall remain in effect pending the outcome of the
hearing.

HISTORY: 2019, c. 750; 2020, c. 546; 2024, cc. 107, 121.