SB 1063 — Driver improvement clinics and driver training schools; validity of licenses.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E309 An Act to amend and reenact §§ 46.2-326.1, 46.2-490, and 46.2-1701 of the Code of Virginia, relating to driver improvement clinics and driver training schools.

R O [S 1063] Approved LMarch L23, 2023 Be it enacted by the General Assembly of Virginia:

That §§ 46.2-326.1, 46.2-490, and 46.2-1701 of the Code of Virginia are amended and reenacteEreenacted as follows:

D§ A.46.2-326.1.

NotwithstandingDesignation the provisions of §commercial 46.2-1702driver's andlicense unless the Commissioner identifies grounds that would be cause for cancellation of a certification pursuant to subsection D of § 46.2-341.14:5 during the application process, the Department shall certify a licensed Class A driver training school as a third party tester, as defined in § 46.2-341.4, to conduct skills tests if, in addition to the requirements listed in subsections B and C of § 46.2-341.14:1, the school (i) has a program length of 160 hours or more and (ii) maintains a bond in the amount of $100,000 to pay for retesting drivers in the event that the third party tester or one or more of its third party examiners, as defined in § 46.2-341.4, are involBed in fraudulent activities related to conducting knowledge or skills testing forexaminers. applicants.

0A. § 46.2-341.14:1 but in addition to the bond required for a licensed Class A driver training sch3ol.

Notwithstanding the provisions of § 46.2-1702 and unless the Commissioner identifies grounds that would be cause for cancellation of a certification pursuant to subsection D of § 46.2-341.14:5 during the application process, the Department shall certify a licensed Class A driver training school as a third subsections B and C of § 46.2-341.14:1, the school (i) has a program length of 160 hours or more ands listed in (ii) maintains a bond in the amount of $100,000 to pay for retesting drivers in the event that the third party tester or one or more of its third party examiners, as defined in § 46.2-341.4, are involved in fraudulent activities related to conducting knowledge or skills testing for applicants.

The bond required by this subsection shall be in lieu of the bond required in subdivision C 5 of § 46.2-341.14:1 but in addition to the bond required for a licensed Class A driver training school.

(iii) evidence that the licensed Class A driver training school has maintained a place of business in the Commonwealth for at least three years and has maintained its licensure in good standing or that the third party examiner has been licensed as an instructor, as defined in § 46.2-1700, at a licensed Class A anddriver (iv)training school for a $100minimum nonrefundableof $150two applicationyears fee.and has maintained such licensure in good standing;

Suchand application(iv) musta be$100 renewednonrefundable annuallytanding;$150 application fee.

Such application must be renewed annually certification shall be valid for a period of two years.

For the purposes of this subsection, "good standing" means that the instructor has not had sanctions levied against him by the Department for actions related to his role as an instructor or that the driver Classtraining Aschool driverhas trainingnot schoolhad program.eviedsanctions levied by the Department for actions related to participation in the C.Class A driver training school program.

IfC. the Department fails to certify a licensed Class A driver training school applicant, the Department shall communicate to the applicant its decision and the reason for denial in writing within 60 days of submission of the application.

If the Department fails to certify a licensed Class A driver training school applicant, the Department shall communicate to the applicant its decision and the reason for denial in writing within days of submission of the application.

4.3.

NotTest requireonly theirindividuals studentsreceiving toinstruction beand testedtraining atfrom theirthat driverschool; training school.l;

and E.4.

Not require their students to be tested at their driver training school.

E.

The first third party examiner certification issued to an individual shall expire on the same date as Thereafter, the renewalthird periodparty fortester's certification, and the thirdfirst partyapplication examinerfee certificationmay shallbe matchprorated thaton ofa themonthly thirds.basis.

Thereafter, the renewal period for the third party examiner certification shall match that of the third party tester certification.

of 3 F.

The Department shall have the authority to revoke or cancel the third party tester certification of a licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of of 3 this section or any third party examiner employed by such Class A driver training school, effective immediately, for any reason enumerated in § 46.2-341.14:5.

That from July 1, 2023, through June 30, 2024, the Commissioner of the Department of Motor of 3 Vehicles shall have the authority to issue licenses and certifications that are valid for a period of between one and 24 months to qualified (i) licensed Class A driver training schools that are alEoalso third party testers, (ii) third party examiners for licensed Class A driver training schools, (iii) driver improvement clinics, (iv) driver training instructors, (v) driver improvement clinics,clinic (Nii) instructors, and (vi) driver training schools, including computer-based driver education providRrs.providers.

considerof the3 evenSuch distribution of license andor certification renewalsfee overshall abe calendarprorated yearon whena determiningmonthly thebasis. validity period of each such license or certification.

OThe LCommissioner Lshall Econsider Dthe Beven Edistribution Rof license and certification renewals over a calendar year when determining the validity period of each such license or certification.