SB 353 — Commercial driver's licenses & learner's permits; definitions, training, drug & alcohol violations.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E121 An Act to amend and reenact §§ 46.2-341.4, 46.2-341.12, 46.2-1700, and 46.2-1708 of the Code ofNof Virginia, relating to commercial driverdriver's training;licenses and commercial learner's permits;

drugdefinitions; and alcohol violations.ommercial learner's permits;

definitRons;commercial driver training;

Odrug [Sand 353]alcohol Lviolations. Approved L Be it enacted by the General Assembly of Virginia:

E[S 1.353] Approved March 20, 2024 Be it enacted by the General Assembly of Virginia:

That1. §§ 46.2-341.4, 46.2-341.12, 46.2-1700, and 46.2-1708 of the Code of Virginia are amendeD and§ 46.2-341.4.

That §§ 46.2-341.4, 46.2-341.12, 46.2-1700, and 46.2-1708 of the Code of Virginia are amended and reenacted as follows:

§ 46.2-341.4.

"Applicant"driver's meanslicense anor individualto whoobtain appliesor torenew obtain,a transfer,commercial upgrade,learner's permit.pgrade, or renew a commercial driver's"Automatic licensetransmission" ormeans, tofor obtainthe orpurposes renewof athe commercialskills learner'stest permit.and the restriction, any transmission other than a manual transmission.

"Automatic"CDLIS transmission"driver means,record" formeans the purposeselectronic record of the skillsindividual testcommercial driver's status and history stored by the restriction,State anyof transmissionRecord otheras thanpart aof manualthe transmission.Commercial Driver's License Information System (CDLIS).

B "CDLIS driver record" means the electronic record of the individual commercial driver's stat5s and (CDLIS).stored by the State of Record as part of the Commercial Driver's License Information SyEtem "Commercial driver's license" means any driver's license issued to a person in accordance with the provisions of this article, or if the license is issued by another state, any license issued to a person in accordance with the federal Commercial Motor Vehicle Safety Act, which authorizes such person to drive a commercial motor vehicle of the class and type and with the restrictions indicated on the license.

"Commercial learner's permit" means a permit issued to an individual in accordance with the provisions of this article or, if issued by another state, a permit issued in accordance with the standards contained in the Federal Motor Carrier Safety Regulations, which, when carried with a valid driver's license issued by the same state or jurisdiction, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid commercial driver's license for purposes of behind-the-wheel training.

"Commercial motor vehicle" means, except for those vehicles specifically excluded in this definition, every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either:

(i) has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds,whichpounds, whichever is greater;

recreational1. activities;sed by an individual solely for his own personal purposes, such as personal 2.

Any vehicle when used by an individual solely for his own personal purposes, such as personal recreational activities;

2.

(iii) members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians (civilians who are required to wear military uniforms), but not U.S.

or of 7 4.

of 7 "Commercial Motor Vehicle Safety Act" means the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of P.L.

of 7 "Manual transmission," also known as a stick shift, stick, straight drive, or standard transmission, means a transmission utilizing a driver-operated clutch that is activated by a pedal or lever aEdand a gear-shift mechanism operated by either hand or foot.

"Noncommercial driver's license" means any other type of motor vehicle license, such as an N automobile driver's license, a chauffeur's license, or a motorcycle license.

Rof 7 "Nondomiciled commercial learner's permit" or "nondomiciled commercial driver's license" means a commercial learner's permit or commercial driver's license, respectively, issued to a person in accordance with the provisions of this article or, if issued by another state, under either of the following twodancetwo conditions:

(i) to an individual domiciled in a foreign jurisdiction that does not test drivers and issue commercial driver's licenses in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of Part 383 of the Federal Motor Carrier Safety Regulations or (ii) to an individual domiciled in another state while that state is prohibited from issuing commercial driver's liceEseslicenses in accordance with decertification requirements of 49 C.F.R.

"Out-of-service order" or "out-of-service declaration" means an order by a judicial officer pursuant to § 46.2-341.26:2 or 46.2-341.26:3 or an order or declaration by an authorized law-enforcement officer under § 46.2-1001 or regulations promulgated pursuant to § 52-8.4 relating to Motor Carrier Safety, and including similar actions by authorized judicial officers or enforcement officers acting pursuant to similar laws of other states, the United States, the Canadian Provinces, Canada, Mexico, and localities withinimilarwithin them, and also including actions by federal or other jurisdictions' officers pursuant to Federal Motor Carrier Safety Regulations, that a driver, a commercial motor vehicle, or a motor carrier is out of service.

Such order or declaration as to a driver means that the driver is prohibited from operStingoperating a commercial motor vehicle for the duration of the out-of-service period.

Such order or declarati3ndeclaration as to a vehicle means that such vehicle cannot be operated until the hazardous condition that resulted 3nin the order or declaration has been removed and the vehicle has been cleared for further operation.

SRchSuch order or declaration as to a motor carrier means that no vehicle may be operated for or on behalf of such carrier until the out-of-service order or declaration has been lifted.

Parts 390 through 397, including such regulations or any substantially similar regulations as may have been adopted by any state of the United States, the Provinces of Canada, Canada, Mexico, or any locality shall be considered laws similar to the laws of the Commonwealth referenced herein.

§ 383.3) by the Commonwealth or any other jurisdiction to an individual who has not passed the knowledge or skills commercialtests motorrequired vehicle only on a seasonal basis, stated on the license, by a seasonal employee of aother farmcommercial servicedriver's business,license withinholders. 150 miles of the place of business or the farm currently being served.

This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a farm service business, within 150 miles of the place of business or the farm currently being served.

A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.

"Third party tester" means a person (including another state, a motor carrier, a private institution, the military, a government entity, including each comprehensive community college in the Virginia 29Community College System established by the State Board for Community Colleges pursuant to Chapter (§ 23.1-2900 et seq.) of Title 23.1, or a department, agency, or instrumentality of a local government) certified by the Department to employ third party examiners to administer a test program for testing of 7 commercial driver's license applicants in accordance with this article.

of 7 § 46.2-341.12.

The Department shall disqualify any commercial driver for a period of one year when the records of 7 of the Department clearly show to the satisfaction of the Commissioner that such person has made a material false statement on any application or certification made for a commercial driver's licEnselicense or commercial learner's permit.

N F.

The Department shall review the driving record of any person who applies for a Virginia R commercial driver's license or commercial learner's permit, for the renewal or reinstatement of such license or permit or for an additional commercial classification or endorsement, including the driving record from all jurisdictions where, during the previous 10 years, the applicant was licensed to drive any type of motor vehicle.

Such review shall include checking the photograph on record whenever theLthe applicant or holder appears in person to renew, upgrade, transfer, reinstate, or obtain a duplicate commercial driver's license or to renew, upgrade, reinstate, or obtain a duplicate commercial learner's of 7 permit.

If appropriate, the Department shall incorporate information from such other jurisdictiEns'jurisdictions' records into the applicant's Virginia driving record, and shall make a notation on the applicant's driving record confirming that such review has been completed and the date it was completed.

The Department's D review shall include (i) research through the Commercial Driver Driver's License Information System established pursuant to the Commercial Motor Vehicle Safety Act and the National Driver Register Problem Driver Pointer System in addition to the driver record maintained by the applicant's previous jurisdictions of licensure and (ii) requesting information from the Drug and Alcohol Clearinghouse in accordance with 49 C.F.R.