24VAC20-60 Virginia Commercial Driver's License Regulations

REGULATIONS

Vol. 27 Iss. 9 - January 03, 2011

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

DEPARTMENT OF MOTOR VEHICLES

Chapter 60

Final Regulation

REGISTRAR'S NOTICE: The Department of Motor Vehicles is claiming an exemption from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act pursuant to § 2.2-4007.2 of the Code of Virginia. Section 2.2-4007.2 provides that if an agency chooses to amend a regulation to provide the alternative of submitting required documents or payments by electronic means, such action shall be exempt from the operation of Article 2 provided the amended regulation is (i) adopted by December 31, 2010, and (ii) consistent with federal and state law and regulations.

Title of Regulation: 24VAC20-60. Virginia Commercial Driver's License Regulations (amending 24VAC20-60-120, 24VAC20-60-160, 24VAC20-60-180).

Statutory Authority: §§ 46.2-203 and 46.2-341.5 of the Code of Virginia.

Effective Date: February 2, 2011.

Agency Contact: Ron Thompson, Senior Policy Analyst, Department of Motor Vehicles, 2300 West Broad Street, Richmond, VA 23269, telephone [phone], FAX [phone], TTY [phone], or email [e-mail].

Summary:

The amendments facilitate electronic submissions to the Department of Motor Vehicles by providing flexibility to the department for receiving information from third party testers and examiners. The new broad language is intended to allow the department to work in close consultation and partnership with commercial driver training schools to develop and utilize the electronic filing technologies that best address the needs and requirements of the department and these entities.

24VAC20-60-120. Application for certification by the department.

A. Application for third party tester certification.

1. An applicant for certification shall provide the following information upon a form provided in a format prescribed by the department:

a. Name and address and telephone number of principal office or headquarters;

b. Name, title, address and telephone number of an individual in Virginia who has been designated to be the applicant's contact person with the department;

c. Description of the vehicle fleet owned or leased by the applicant, including the number of commercial motor vehicles by class and type;

d. Classes and types of commercial motor vehicles for which the applicant seeks to be certified as a third party tester;

e. Total number of Virginia licensed drivers employed during the preceding 12 months to operate commercial motor vehicles, and the number of such drivers who are full time, part-time and seasonal;

f. Name, driver's license number and home address of each employee who is to be certified as a third party examiner. If any employee has previously been certified as an examiner by the department, the examiner's certification number;

g. The address of each Virginia location where the third party tester intends to conduct skills tests, and a map, drawing or written description of each driving course which satisfies the department's requirements for a skills test course;

h. If the applicant is not a governmental entity, it shall also provide:

(1) A description of the applicant's business and length of time in business in Virginia;

(2) If subject to the FMCSRs, the applicant's Interstate Commerce Commission number or the applicant's federal Department of Transportation number and rating; and

(3) Applicant's State Corporation Commission number; and

i. Any other relevant information required by the department.

2. An applicant for certification shall also execute an agreement form provided in a format prescribed by the department in which the applicant agrees, at a minimum, to comply with the regulations and instructions of the department for third party testers, including audit procedures, and agrees to hold the department harmless from liability resulting from the third party tester's administration of its CDL skills test program.

B. Application for third party examiner certification.

1. An applicant for certification shall provide the following information on a form provided in a format prescribed by the department:

a. Name and home and business addresses and telephone numbers;

b. Driver's license number;

c. Name, address, and telephone number of the principal office or headquarters of the applicant's employer, who has applied for and received certification as a third party tester;

d. Job title and description of duties and responsibilities;

e. Length of time employed by present employer. If less than two years, list previous employer, address and telephone number;

f. Present employer's recommendation of the applicant for certification;

g. A list of the classes and types of vehicles for which the applicant seeks certification to conduct skills tests; and

h. Any other relevant information required by the department.

C. Evaluation of applicants by the department.

1. The department will evaluate the materials submitted by the third party tester applicant, and, if the application materials are satisfactory, the department will schedule an on-site inspection and audit of the applicant's third party testing program to complete the evaluation.

2. The department will evaluate the materials submitted by the third party examiner applicant as well as the applicant's driving record. If the application materials and driving record are satisfactory, the department will schedule the applicant for third party examiner training. Training may be waived if the applicant is seeking recertification only because he has changed employers.

3. No more than two applications will be accepted from any one third party tester or examiner applicant in any 12-month period, excluding applications for recertification because of a change in employers.

24VAC20-60-160. Notification requirements.

A. Every third party tester must:

1. Notify the department in writing in a format prescribed by the department within 10 days of any change in:

a. The third party tester's name or address; or

b. The third party examiners who are employed by the third party tester.

2. Notify the department in writing in a format prescribed by the department within 10 days of any of the following occurrences:

a. The third party tester ceases business operations in Virginia;

b. The third party tester fails to comply with any of the requirements set forth in this chapter; or

c. Any third party examiner fails to comply with any of the requirements set forth in this chapter.

3. Notify the department of any proposed change in the skills test route at least 30 days before the third party tester plans to change the route.

B. Every third party examiner shall notify the department within 10 days after leaving the employ of the third party tester, of his change in employment.

24VAC20-60-180. The skills test certificate.

A. The department will accept a skills test certificate issued in accordance with this section as satisfaction of the skills test component of the CDL examination.

B. Skills test certificates may be issued only to drivers who are employees of the third party tester who issues the certificate, except as otherwise provided herein. In the case of school boards certified as third party testers, certificates may be issued to employees and to other drivers who have been trained by the school board in accordance with the Virginia School Bus Driver Training Curriculum Guide.

C. Skills test certificates may be issued only to drivers who have passed the skills test conducted in accordance with this chapter and the instructions issued by the department.

D. A skills test certificate will be accepted by the department only if it is:

1. Issued by a third party tester certified by the department in accordance with this chapter;

2. On a valid skills test certificate form provided In a format prescribed by the department, completed in its entirety, without alteration;

3. Submitted to the department within 60 days of the date of the skills test; and

4. Signed by the third party examiner who conducted the skills test.

FORMS (24VAC20-60) (Repealed.)

Certificate of Completion Commercial Driver's License Skills Test, S-000001.

VA.R. Doc. No. R11-2654; Filed December 13, 2010, 3:00 p.m.