Virginia HB 1146: Commercial driver's license; third party testers, etc.

Bill Text

Bill Tracking - 2022 session > Legislation 

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2022 SESSION

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CHAPTER 60 

An Act to amend and reenact �� 46.2-341.14:1 and 46.2-341.14:9 
of the Code of Virginia, relating to commercial driver's license examinations. 

[H 1146] 

Approved April 1, 2022 

Be it enacted by the General Assembly of Virginia:

1. That �� 46.2-341.14:1 and 46.2-341.14:9 of the Code of 
Virginia are amended and reenacted as follows:

� 46.2-341.14:1. Requirements for third party testers.

A. Pursuant to � 46.2-341.14, third party testers will be 
authorized to issue skills test certificates, which will be accepted by the 
Department as evidence of satisfaction of the skills test component of the 
commercial driver's license examination. Authority to issue skills test 
certificates will be granted only to third party testers certified by the 
Department.

B. To qualify for certification, a third party tester shall:

1. Make application to and enter into an agreement with the 
Department as provided in � 46.2-341.14:3;

2. Maintain a place of business in the Commonwealth;

3. Have at least one certified third party examiner in his 
employ;

4. Ensure that all third party examiners in his employ are 
certified and comply with the requirements of �� 46.2-341.14:2 and 
46.2-341.14:7;

5. Permit the Department and the FMCSA of the U.S. Department 
of Transportation to conduct random examinations, inspections, and audits of 
its records, facilities, and operations that relate to the third party testing 
program without prior notice;

6. Maintain at the principal place of business a copy of the 
state certificate authorizing the third party tester to administer a commercial 
driver's license testing program and current third party agreement;

7. Maintain at a location in the Commonwealth, for a minimum 
of two years after a skills test is conducted, a record of each driver for whom 
the third party tester conducts a skills test, whether the driver passes or 
fails the test. Each such record shall include:

a. The complete name of the driver;

b. The driver's social security number or other driver's 
license number and the name of the state or jurisdiction that issued the 
license held by the driver at the time of the test;

c. The date the driver took the skills test;

d. The test score sheet or sheets showing the results of the 
skills test and a copy of the skills test certificate, if issued;

e. The name and certification number of the third party 
examiner conducting the skills test; and

f. Evidence of (i) the driver's employment with the 
third party tester at the time the test was taken, or if unless 
the third party tester is a school board governmental entity, 
including a comprehensive community college in the Virginia Community College 
System, that tests drivers who are tra