Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Chapter 17. Driver Training Schools
12/7/2022

Article 2. Entry-Level Driver Training Providers.

§ 46.2-1708. Licenses required for school and instructors.

A. If a Class A driver training school elects to provide entry-level driver training to driver trainees, that Class A driver training school shall not provide such training until it has (i) been licensed to provide training in the Commonwealth pursuant to this section and (ii) provided the Commissioner with its unique Training Provider Registry number issued by FMCSA pursuant to 49 C.F.R. § 380.703 in a form prescribed by the Department.

B. If a Class A driver training school elects to provide entry-level driver training, upon application for a Class A license by such driver training school the applicant driver training school shall also provide 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'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'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'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's license was reinstated more than two years prior to the application date, and that he either:

1. Currently holds a commercial driver'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's license of the same or higher class or the same endorsement; or

2. Currently holds a commercial driver'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'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. § 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'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.

2019, c. 750; 2020, c. 546.

§ 46.2-1709. Business and equipment requirements.

A. A training provider shall:

1. Permit the Department and FMCSA to conduct random examinations, inspections, and audits of its records, facilities, and operations that relate to the entry-level driver training program without prior notice;

2. Use vehicles that comply with all federal and state safety requirements and are in the same group and type that the driver trainees intend to operate for the commercial driver's license skills test;

3. Require all driver trainees to certify that they will comply with state and federal laws and regulations and local laws related to alcohol and controlled substances testing, age requirements for driving commercial vehicles, medical certifications, licensing, and driver records;

4. Verify that all accepted behind-the-wheel applicants hold a valid commercial learner's permit or commercial driver's license;

5. Electronically transmit, by midnight of the second business day after the driver trainee completes the training, the driver trainee's certification information through the federal Training Provider Registry website including:

a. Driver-trainee name, license or permit number, and state of licensure;

b. Type of class or endorsement training the driver trainee completed;

c. Total number of clock hours the driver trainee spent to complete the behind-the-wheel training, if applicable;

d. Name of the training provider and its unique Training Provider Registry number; and

e. Date or dates of successful training completion.

6. Update the Entry-Level Driver Training Provider Registration Form once every two years;

7. Report to FMCSA changes to key information on the Entry-Level Driver Training Provider Registration Form within 30 days of such changes;

8. Maintain documentation of the school's licensure, registration, certification or authorization to provide training in Virginia;

9. Ensure that all records specified in § 46.2-1710 are available to FMCSA or its authorized representative, upon request, and provide such records to FMCSA within 48 hours of such request; and

10. Administer both the range and public road portion of the behind-the-wheel curriculum.

B. If a training provider receives notice of proposed removal from FMCSA pursuant to 49 C.F.R. § 380.723, the training provider shall (i) notify all current driver trainees and driver trainees scheduled for future training of such receipt and (ii) provide a copy of the notice to the Department within one business day of receiving such notice.

C. If a training provider is removed from the federal Training Provider Registry by FMCSA pursuant to 49 C.F.R. § 380.723, such training provider shall (i) cease providing entry-level driver training upon receipt and in accordance with FMCSA guidance and (ii) provide the Department with a copy of the notice of proposed removal within one business day of receipt. No training conducted after the date of removal from the federal Training Provider Registry shall be considered valid.

2019, c. 750; 2020, c. 546.

§ 46.2-1710. Records to be maintained.

Each training provider shall retain, in addition to any other records that entity is required to retain by Virginia law or regulation, the following records:

1. Self-certifications by all accepted applicants for behind-the-wheel training attesting that they will comply with state and federal laws and regulations and local laws related to alcohol and controlled substances testing, age requirements for driving commercial vehicles, medical certifications, licensing, and driver records, as required by subdivision A 3 of § 46.2-1709;

2. A copy of all driver trainee commercial learner's permits or commercial driver's licenses;

3. Instructor qualification documentation indicating driving or training experience for each instructor and copies of commercial driver's licenses and applicable endorsements held by behind-the-wheel instructors or theory instructors;

4. The Training Provider Registration Form submitted to the federal Training Provider Registry pursuant to 49 C.F.R. § 380.703;

5. Lesson plans for theory instruction and behind-the-wheel training curricula; and

6. Records of individual entry-level driver training assessments completed pursuant to 49 C.F.R. § 380.715.

Such records shall be maintained for at least three years from the date the record was generated or received by the training provider. If any document or record has expired or been canceled, the most recent, valid record shall be maintained.

2019, c. 750.

§ 46.2-1711. Government entities authorized to provide entry-level driver training.

Any government entity, including the military, any comprehensive community college in the Virginia Community College System established by the State Board for Community Colleges pursuant to Chapter 29 (§ 23.1-2900 et seq.) of Title 23.1, or any department, agency, or instrumentality of a local government, is authorized to provide entry-level driving training to driver trainees, provided that such government entity complies with the requirements of this article. Notwithstanding the provisions of § 46.2-1708, no government entity or trainer employed by a government entity will be required to be licensed by the Department to provide entry-level driver training.

2019, c. 750.