                                 CODE OF VIRGINIA

MILITARY THIRD PARTY TESTERS AND MILITARY THIRD PARTY EXAMINERS; SUBSTITUTE FOR
KNOWLEDGE AND DRIVING SKILLS TESTS FOR DRIVERS WITH MILITARY COMMERCIAL MOTOR
VEHICLE EXPERIENCE (§ 46.2-341.14:01)

A. Pursuant to &#xA7; 46.2-341.14, the Commissioner may permit military bases
that have entered into an agreement with the Department to serve as third party
testers in administering state knowledge and skills tests for issuing commercial
driver&#8217;s licenses. Military third party testers and military third party
examiners shall comply with the requirements set forth in &#xA7;&#xA7;
46.2-341.14:1 through 46.2-341.14:9 with respect to knowledge and skills tests.

B. Pursuant to 49 C.F.R. &#xA7; 383.77, the Commissioner may waive the driving
skills test required by 49 C.F.R. &#xA7; 383.23 and as specified in 49 C.F.R.
&#xA7; 383.113 for a commercial motor vehicle driver with military commercial
motor vehicle experience who is currently licensed at the time of his
application for a commercial driver&#8217;s license and substitute an
applicant&#8217;s driving record in combination with certain driving experience
for the skills test.

C. To obtain a skills test waiver, the following conditions and limitations must
be met:

   1. An applicant must certify that, during the two-year period immediately
   prior to applying for a commercial driver&#8217;s license, he:
   				a. Has not simultaneously held more than one license except for a military
   license;
   				b. Has not had any license suspended, revoked, canceled, or disqualified;
   				c. Has not had any convictions for any type of motor vehicle for the
   disqualifying offenses contained in this article;
   				d. Has not had more than one conviction for any type of motor vehicle for
   serious traffic violations contained in this article; and
   				e. Has not had any conviction for a violation of military, state, or local
   law relating to motor vehicle traffic control, other than a parking violation,
   arising in connection with any traffic crash and has no record of a crash in
   which he was at fault; and

   2. An applicant must provide evidence and certify that he:
   				a. Is regularly employed or was regularly employed within the last year or
   any other period authorized by the FMCSA in a military position requiring
   operation of a commercial motor vehicle;
   				b. Was exempted from the commercial driver&#8217;s license requirements in
   49 C.F.R. &#xA7; 383.3(c); and
   				c. Was operating a vehicle representative of the commercial motor vehicle
   the driver applicant operates, or expects to operate, for at least the two
   years immediately preceding discharge from the military.

D. The Commissioner may waive the knowledge test for certain current or former
military service members applying for a commercial learner&#8217;s permit or
commercial driver&#8217;s license as permitted by 49 C.F.R. &#xA7; 383.77,
provided that such current or former military service member meets the
conditions and limitations provided by 49 C.F.R. &#xA7; 383.77.

E. The Commissioner may waive the knowledge test and driving skills test for
certain current or former military service members applying for certain
endorsements as permitted by 49 C.F.R. &#xA7; 383.77, provided that such current
or former military service member meets the conditions and limitations provided
by 49 C.F.R. &#xA7; 383.77.

HISTORY: 2014, cc. 77, 803; 2019, cc. 161, 750; 2020, c. 546.