                                 CODE OF VIRGINIA

APPLICATION FOR COMMERCIAL DRIVER&#8217;S LICENSE OR COMMERCIAL LEARNER&#8217;S
PERMIT (§ 46.2-341.12)

A. No entry-level driver shall be eligible to (i) apply for a Virginia Class A
or Class B commercial driver&#8217;s license for the first time, (ii) upgrade to
a Class A or Class B commercial driver&#8217;s license for the first time, or
(iii) apply for a hazardous materials, passenger, or school bus endorsement for
the first time, unless he has completed an entry-level driver training course
related to the license, classification, or endorsement he is applying for and
the training is provided by a training provider. An individual is not required
to complete an entry-level driver training course related to the license,
classification, or endorsement he is applying for if he is exempted from such
requirements under 49 C.F.R. &#xA7; 380.603.

B. Every application to the Department for a commercial driver&#8217;s license
or commercial learner&#8217;s permit shall be made upon a form approved and
furnished by the Department, and the applicant shall write his usual signature
in ink in the space provided. The applicant shall provide the following
information:

   1. Full legal name;

   2. Current mailing and residential addresses;

   3. Physical description including sex, height, weight, and eye and hair color;

   4. Year, month, and date of birth;

   5. Social security number;

   6. Domicile or, if not domiciled in the Commonwealth, proof of status as a
   member of the active duty military, military reserves, National Guard, active
   duty United States Coast Guard, or Coast Guard Auxiliary pursuant to 49 U.S.C.
   &#xA7; 31311(a)(12); and

   7. Any other information required on the application form.
   				Applicants shall be permitted to choose between &#8220;male,&#8221;
   &#8220;female,&#8221; or &#8220;non-binary&#8221; when designating the
   applicant&#8217;s sex on the commercial driver&#8217;s license or commercial
   learner&#8217;s permit application form.
   				The applicant&#8217;s social security number shall be provided to the
   Commercial Driver&#8217;s License Information System as required by 49 C.F.R.
   &#xA7; 383.153.

C. Every applicant for a commercial driver&#8217;s license or commercial
learner&#8217;s permit shall also submit to the Department the following:

   1. A consent to release driving record information;

   2. Certifications that:
   				a. He either meets the federal qualification requirements of 49 C.F.R.
   Parts 383 and 391, or he is exempt from or is not subject to such federal
   requirements;
   				b. He either meets the state qualification requirements established
   pursuant to &#xA7; 52-8.4, or he is exempt from or is not subject to such
   requirements;
   				c. The motor vehicle in which the applicant takes the skills test is
   representative of the class and, if applicable, the type of motor vehicle for
   which the applicant seeks to be licensed;
   				d. He is not subject to any disqualification, suspension, revocation or
   cancellation of his driving privileges;
   				e. He does not have more than one driver&#8217;s license;

   3. Other certifications required by the Department;

   4. Any evidence required by the Department to establish proof of identity,
   citizenship or lawful permanent residency, domicile, and social security
   number notwithstanding the provisions of &#xA7; 46.2-328.1 and pursuant to 49
   C.F.R. Part 383;

   5. A statement indicating whether (i) the applicant has previously been
   licensed to drive any type of motor vehicle during the previous 10 years and,
   if so, all states that licensed the applicant and the dates he was licensed,
   and (ii) whether or not he has ever been disqualified, or his license
   suspended, revoked or canceled and, if so, the date of and reason therefor;
   and

   6. 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&#8217;s most
   recent admittance into the United States for persons applying for a
   nondomiciled commercial driver&#8217;s license or nondomiciled commercial
   learner&#8217;s permit.

D. Every application for a commercial driver&#8217;s license shall include a
photograph of the applicant supplied under arrangements made therefor by the
Department in accordance with &#xA7; 46.2-323.

E. The Department shall disqualify any commercial driver for a period of one
year when the records of the Department clearly show to the satisfaction of the
Commissioner that such person has made a material false statement on any
application or certification made for a commercial driver&#8217;s license or
commercial learner&#8217;s permit. The Department shall take such action within
30 days after discovering such falsification.

F. The Department shall review the driving record of any person who applies for
a Virginia commercial driver&#8217;s license or commercial learner&#8217;s
permit, for the renewal or reinstatement of such license or permit or for an
additional commercial classification or endorsement, including the driving
record from all jurisdictions where, during the previous 10 years, the applicant
was licensed to drive any type of motor vehicle. Such review shall include
checking the photograph on record whenever the applicant or holder appears in
person to renew, upgrade, transfer, reinstate, or obtain a duplicate commercial
driver&#8217;s license or to renew, upgrade, reinstate, or obtain a duplicate
commercial learner&#8217;s permit. If appropriate, the Department shall
incorporate information from such other jurisdictions&#8217; records into the
applicant&#8217;s Virginia driving record, and shall make a notation on the
applicant&#8217;s driving record confirming that such review has been completed
and the date it was completed. The Department&#8217;s review shall include (i)
research through the Commercial Driver&#8217;s License Information System
established pursuant to the Commercial Motor Vehicle Safety Act and the National
Driver Register Problem Driver Pointer System in addition to the driver record
maintained by the applicant&#8217;s previous jurisdictions of licensure and (ii)
requesting information from the Drug and Alcohol Clearinghouse in accordance
with 49 C.F.R. § 382.725. This research shall be completed prior to the
issuance, renewal, transfer, or reinstatement of a commercial learner&#8217;s
permit, commercial driver&#8217;s license or additional commercial
classification or endorsement.

   1. If the information the Department receives from the Drug and Alcohol
   Clearinghouse indicates that the applicant is prohibited from operating a
   commercial motor vehicle, the Department shall deny the application. If the
   applicant currently holds a commercial driver&#8217;s license or a commercial
   learner&#8217;s permit, the Department must initiate a CDL downgrade of the
   applicant&#8217;s commercial driver&#8217;s license or commercial
   learner&#8217;s permit as defined in 49 C.F.R. &#xA7; 383.5.

   2. If the FMCSA notifies the Department that an existing holder of a
   commercial driver&#8217;s license or commercial learner&#8217;s permit is
   prohibited from operating a commercial motor vehicle pursuant to 49 C.F.R.
   &#xA7; 382.501(a), the Department shall initiate a CDL downgrade of the
   driver&#8217;s commercial driver&#8217;s license or commercial learner&#8217;s
   permit as defined in 49 C.F.R. &#xA7; 383.5 and record the CDL downgrade on
   the driver&#8217;s record on the Commercial Driver&#8217;s License Information
   System within 60 days of receiving the notification.

   3. If the FMCSA notifies the Department that an existing holder of a
   commercial driver&#8217;s license or commercial learner&#8217;s permit was
   erroneously identified as prohibited from operating a commercial motor
   vehicle, the Department shall both reinstate the driver&#8217;s commercial
   driver&#8217;s license or commercial learner&#8217;s permit privilege and
   remove any reference to the driver&#8217;s erroneous prohibited status from
   the driver&#8217;s record on the Commercial Driver&#8217;s License Information
   System as expeditiously as possible, but no later than 10 days from receiving
   such notification from the FMCSA.

G. The Department shall verify the name, date of birth, and social security
number provided by the applicant with the information on file with the Social
Security Administration for initial issuance of a commercial learner&#8217;s
permit or transfer of a commercial driver&#8217;s license from another state.
The Department shall make a notation in the driver&#8217;s record confirming
that the necessary verification has been completed and noting the date it was
done. The Department shall also make a notation confirming that proof of
citizenship or lawful permanent residency has been presented and the date it was
done.

H. Every new applicant for a commercial driver&#8217;s license or commercial
learner&#8217;s permit, including any person applying for a commercial
driver&#8217;s license or permit after revocation of his driving privileges, who
certifies that he will operate a commercial motor vehicle in non-excepted
interstate or intrastate commerce shall provide the Department with an original
or certified copy of a medical examiner&#8217;s certificate prepared by a
medical examiner as defined in 49 C.F.R. &#xA7; 390.5. Upon receipt of an
appropriate medical examiner&#8217;s certificate, the Department shall post a
certification status of &#8220;certified&#8221; on the driver&#8217;s record on
the Commercial Driver&#8217;s License Information System. Any new applicant for
a commercial driver&#8217;s license or commercial learner&#8217;s permit who
fails to comply with the requirements of this subsection shall be denied the
issuance of a commercial driver&#8217;s license or commercial learner&#8217;s
permit by the Department.

I. Every existing holder of a commercial driver&#8217;s license or commercial
learner&#8217;s permit who certifies that he will operate a commercial motor
vehicle in non-excepted interstate or intrastate commerce shall provide the
Department with an original or certified copy of a medical examiner&#8217;s
certificate prepared by a medical examiner as defined in 49 C.F.R. &#xA7; 390.5.
Upon receipt of an appropriate medical examiner&#8217;s certificate, the
Department shall post a certification status of &#8220;certified&#8221; and any
other necessary information on the driver&#8217;s record on the Commercial
Driver&#8217;s License Information System. If an existing holder of a commercial
driver&#8217;s license fails to provide the Department with a medical
certificate as required by this subsection, the Department shall post a
certification status of &#8220;noncertified&#8221; on the driver&#8217;s record
on the Commercial Driver&#8217;s License Information System and initiate a CDL
downgrade of his commercial driver&#8217;s license as defined in 49 C.F.R.
&#xA7; 383.5.

J. Any person who provides a medical certificate to the Department pursuant to
the requirements of subsections H and I shall keep the medical certificate
information current and shall notify the Department of any change in the status
of the medical certificate. If the Department determines that the medical
certificate is no longer valid, the Department shall initiate a CDL downgrade of
the driver&#8217;s commercial driver&#8217;s license as defined in 49 C.F.R.
&#xA7; 383.5.

K. If the Department receives notice that the holder of a commercial
driver&#8217;s license has been issued a medical variance as defined in 49
C.F.R. &#xA7; 390.5, the Department shall indicate the existence of such medical
variance on the commercial driver&#8217;s license document of the driver and on
the driver&#8217;s record on the Commercial Driver&#8217;s License Information
System using the restriction code &#8220;V.&#8221;

L. Any holder of a commercial driver&#8217;s license who has been issued a
medical variance shall keep the medical variance information current and shall
notify the Department of any change in the status of the medical variance. If
the Department determines that the medical variance is no longer valid, the
Department shall initiate a CDL downgrade of the driver&#8217;s commercial
driver&#8217;s license as defined in 49 C.F.R. &#xA7; 383.5.

M. Any applicant applying for a hazardous materials endorsement must comply with
Transportation Security Administration requirements in 49 C.F.R. Part 1572. A
lawful permanent resident of the United States requesting a hazardous materials
endorsement must additionally provide his U.S. Citizenship and Immigration
Services (USCIS) alien registration number.

N. Notwithstanding the provisions of &#xA7; 46.2-208, the Department may release
to the FMCSA medical information relating to the issuance of a commercial
driver&#8217;s license or a commercial learner&#8217;s permit collected by the
Department pursuant to the provisions of subsections F, G, H, I, J, and K.

HISTORY: 1989, c. 705, § 46.1-372.12; 2005, c. 513; 2009, c. 872; 2011, cc.
881, 889; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258; 2019, c. 750;
2020, cc. 544, 546; 2024, cc. 107, 121.