Section 10. Definitions

Part I. General Provisions

The terms "Class A licensee," "Class B licensee," "driver training school" or "school," and "instructor" are defined in § 46.2-1700 of the Code of Virginia. In addition to those definitions, the following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Class A license" means a license issued by the Department of Motor Vehicles to a driver training school that provides training in the operation of any type of commercial motor vehicle as defined in § 46.2-341.4 of the Code of Virginia.

"Class B license" means a license issued by the Department of Motor Vehicles to a driver training school that provides training in the operation of any type of motor vehicle other than motorcycles and commercial motor vehicles as defined in § 46.2-341.4 of the Code of Virginia.

"Commissioner" means the Commissioner of the Virginia Department of Motor Vehicles.

"Curriculum" means the courses of instruction and other relevant materials related to driver training offered by driver training schools.

"Department" means the Virginia Department of Motor Vehicles. For notification and document submission purposes, department shall specifically mean the Commercial Licensing Division at the headquarters office of the Virginia Department of Motor Vehicles in Richmond.

"General compliance review" means a formal review by the department of a driver training school's operations, facilities and records to determine compliance with statutory and regulatory requirements.

"In-vehicle instruction" means the delivery of information and experience by an instructor to a student who is in or driving a motor vehicle, and where observing the driving skills and actual driving experiences of other students is a major component.

"National criminal records check" means a criminal background check performed by the Department of State Police that includes all participating states and jurisdictions.

"Normal business hours" shall mean the normal business hours of the department, which are Monday through Friday, 8 a.m. to 5 p.m., and Saturdays, 8 a.m. to noon.

"Owner" means a person or persons, including a partnership, corporation or other business entities, that have a vested interest in and control over a school.

"Period of instruction" means 50 minutes of in-vehicle or classroom instruction.

"Revoke" or "revocation" means that school or instructor licenses revoked are not subject to renewal or restoration except through reapplication after (i) the expiration of the revocation period and (ii) any outstanding compliance requirements have been met.

"Safe mechanical condition" means the continual compliance with safety requirements of vehicles that are used to train school students, and have passed either a Virginia state safety inspection or a federal Motor Carrier Safety Administration inspection, and for vehicles used to train the disabled, be certified by the National Mobility Equipment Vendors Association, whichever is applicable based on the type of training provided by the school.

"Suspend" or "suspension" means that the school or instructor licenses suspended have been temporarily withdrawn, but may be reinstated after (i) the expiration of the suspension period and (ii) the licensee has met all outstanding compliance requirements.

Historical Notes

Derived from Volume 24, Issue 04, eff. January 1, 2008.

Statutory Authority

§§ 46.2-203 and 46.2-1703 of the Code of Virginia.