                                 CODE OF VIRGINIA

DESIGNATION OF COMMERCIAL DRIVER&#8217;S LICENSE SKILLS TESTING EXAMINERS (§
46.2-326.1)

A. Notwithstanding the provisions of &#xA7; 46.2-1702 and unless the
Commissioner identifies grounds that would be cause for cancellation of a
certification pursuant to subsection D of &#xA7; 46.2-341.14:5 during the
application process, the Department shall certify a licensed Class A driver
training school as a third party tester, as defined in &#xA7; 46.2-341.4, to
conduct skills tests if, in addition to the requirements listed in subsections B
and C of &#xA7; 46.2-341.14:1, the school (i) has a program length of 160 hours
or more and (ii) maintains a bond in the amount of $100,000 to pay for retesting
drivers in the event that the third party tester or one or more of its third
party examiners, as defined in &#xA7; 46.2-341.4, are involved in fraudulent
activities related to conducting knowledge or skills testing for applicants.
			The bond required by this subsection shall be in lieu of the bond required in
subdivision C 5 of &#xA7; 46.2-341.14:1 but in addition to the bond required for
a licensed Class A driver training school.

B. Licensed Class A driver training schools meeting the requirements of
subsection A may apply to the Department for certification as a third party
tester. Such application shall include the information required in the
application in &#xA7; 46.2-341.14:3 and shall include (i) evidence of the
requirements listed in subsection A; (ii) an application for an employee who
will act as a third party examiner; (iii) evidence that the licensed Class A
driver training school has maintained a place of business in the Commonwealth
for at least three years and has maintained its licensure in good standing or
that the third party examiner has been licensed as an instructor, as defined in
&#xA7; 46.2-1700, at a licensed Class A driver training school for a minimum of
two years and has maintained such licensure in good standing; and (iv) a
nonrefundable $150 application fee. Such certification shall be valid for a
period of two years.
			The first third party tester certification issued to a licensed Class A
driver training school shall expire on the same date as such Class A driver
training school&#8217;s license, and the first application fee may be prorated
on a monthly basis. Thereafter, the renewal period for the third party tester
certification shall match that of the Class A driver training school license.
			For the purposes of this subsection, &#8220;good standing&#8221; means that
the instructor has not had sanctions levied against him by the Department for
actions related to his role as an instructor or that the driver training school
has not had sanctions levied by the Department for actions related to
participation in the Class A driver training school program.

C. If the Department fails to certify a licensed Class A driver training school
applicant, the Department shall communicate to the applicant its decision and
the reason for denial in writing within 60 days of submission of the
application.

D. Licensed Class A driver training schools operating as third party testers
shall:

   1. Remit $50 per skills test to the Department in accordance with &#xA7;
   46.2-341.13;

   2. Submit to the Department the results of each skills test administered in a
   form prescribed by the Department;

   3. Test only individuals receiving instruction and training from that school;
   and

   4. Not require their students to be tested at their driver training school.

E. Individuals intending to act as third party examiners for a licensed Class A
driver training school that is operating as a third party tester shall meet the
requirements in &#xA7; 46.2-341.14:2 and submit to the Department an application
that includes (i) the information in the application required by &#xA7;
46.2-341.14:3, (ii) evidence of their employment by a licensed Class A driver
training school that is operating as a third party tester, and (iii) a
nonrefundable $75 application fee. Such certification shall be valid for a
period of two years.
			The first third party examiner certification issued to an individual shall
expire on the same date as the third party tester&#8217;s certification, and the
first application fee may be prorated on a monthly basis. Thereafter, the
renewal period for the third party examiner certification shall match that of
the third party tester certification.

F. The Department shall have the authority to revoke or cancel the third party
tester certification of a licensed Class A driver training school permitted to
administer skills tests pursuant to the provisions of this section or any third
party examiner employed by such Class A driver training school, effective
immediately, for any reason enumerated in &#xA7; 46.2-341.14:5. A licensed Class
A driver training school permitted to administer skills tests pursuant to the
provisions of this section or any third party examiner employed by such Class A
driver training school shall not administer skills tests if its authority to
provide training has been revoked, canceled, or suspended by the Department
pursuant to &#xA7; 46.2-1705 or any other provision of law.

HISTORY: 2019, cc. 78, 155; 2023, cc. 308, 309.