                                 CODE OF VIRGINIA

ELIGIBILITY FOR COMMERCIAL DRIVER&#8217;S LICENSE OR COMMERCIAL LEARNER&#8217;S
PERMIT (§ 46.2-341.9)

A. A Virginia commercial driver&#8217;s license or commercial learner&#8217;s
permit shall be issued only to a person who drives or intends to drive a
commercial motor vehicle, who is domiciled in the Commonwealth, and who is
eligible for a commercial driver&#8217;s license or commercial learner&#8217;s
permit under such terms and conditions as the Department may require.
			No person shall be eligible for a Virginia commercial driver&#8217;s license
or commercial learner&#8217;s permit until he has applied for such license or
permit and has passed the applicable vision, knowledge and skills tests required
by this article, and has satisfied all other applicable licensing requirements
imposed by the laws of the Commonwealth. Such requirements shall include meeting
the standards contained in subparts F, G, and H, of Part 383 of the FMCSA
regulations.
			No person shall be eligible for a Virginia commercial driver&#8217;s license
or commercial learner&#8217;s permit during any period in which he is
disqualified from driving a commercial motor vehicle, or his driver&#8217;s
license or privilege to drive is suspended, revoked or cancelled in any state,
or during any period wherein the restoration of his license or privilege is
contingent upon the furnishing of proof of financial responsibility.
			No person shall be eligible for a Virginia commercial driver&#8217;s license
until he surrenders all other driver&#8217;s licenses issued to him by any
state.
			No person shall be eligible for a Virginia commercial learner&#8217;s permit
until he surrenders all other driver&#8217;s licenses and permits issued to him
by any other state. The applicant for a commercial learner&#8217;s permit is not
required to surrender his Virginia noncommercial driver&#8217;s license.
			No person under the age of 21 years shall be eligible for a commercial
driver&#8217;s license, except that a person who is at least 18 years of age may
be issued a commercial driver&#8217;s license or commercial learner&#8217;s
permit, provided that such person is exempt from or is not subject to the age
requirements of the Federal Motor Carrier Safety Regulations contained in 49
C.F.R. Part 391, and is not prohibited from operating a commercial motor vehicle
by the Virginia Motor Carrier Safety Regulations, and has so certified. No
person under the age of 21 years shall be issued a hazardous materials
endorsement.
			No person shall be eligible for a Virginia commercial driver&#8217;s license
to drive a Type S vehicle, as defined in subsection B of &#xA7; 46.2-341.16,
during any period in which he is a person for whom registration with the Sex
Offender and Crimes Against Minors Registry is required pursuant to Chapter 9
(&#xA7; 9.1-900 et seq.) of Title 9.1.
			In determining the eligibility of any applicant for a Virginia commercial
driver&#8217;s license, the Department shall consider, to the extent not
inconsistent with federal law, the applicant&#8217;s military training and
experience.
			A person for whom registration with the Sex Offender and Crimes Against
Minors Registry is required pursuant to Chapter 9 (&#xA7; 9.1-900 et seq.) of
Title 9.1 may be issued a Virginia commercial driver&#8217;s license to drive a
Type P vehicle, as defined in subsection B of &#xA7; 46.2-341.16, provided the
commercial driver&#8217;s license includes a restriction prohibiting the license
holder from operating a commercial vehicle to transport children to or from
activities sponsored by a school or by a child day care facility licensed,
regulated, or approved by the Department of Education.

B. Notwithstanding the provisions of subsection A, pursuant to 49 U.S.C.
31311(a)(12) a commercial driver&#8217;s license or commercial learner&#8217;s
permit may be issued to an individual who (i) operates or will operate a
commercial motor vehicle; (ii) is a member of the active duty military, military
reserves, National Guard, active duty United States Coast Guard, or Coast Guard
Auxiliary; and (iii) is not domiciled in the Commonwealth, but whose temporary
or permanent duty station is located in the Commonwealth.

HISTORY: 1989, c. 705, § 46.1-372.9; 2011, c. 477; 2012, cc. 12, 153; 2013, cc.
165, 582; 2015, c. 258; 2020, cc. 860, 861.