§ 46.2-341.14:01

Military third party testers and military third party examiners; substitute for driving skills tests for drivers with military commercial motor vehicle experience

A. Pursuant to § 46.2-341.14, the Commissioner shall permit military bases that have entered into an agreement with the Department to serve as third party testers in administering state knowledge and skills tests for issuing commercial driver’s licenses. Military third party testers and military third party examiners shall comply with the requirements set forth in §§ 46.2-341.14:1 through 46.2-341.14:9 with respect to knowledge and skills tests.

B. Pursuant to 49 C.F.R. § 383.77, the Commissioner may waive the driving skills test as specified in 49 C.F.R. § 383.113 for a commercial motor vehicle driver with military commercial motor vehicle experience who is currently licensed at the time of his application for a commercial driver’s license and substitute an applicant’s driving record in combination with certain driving experience for the skills test.

C. To obtain a skills test waiver, the following conditions and limitations must be met:

1. An applicant must certify that, during the two-year period immediately prior to applying for a commercial driver’s license, he:

a. Has not had more than one license except for a military license;

b. Has not had any license suspended, revoked, canceled, or disqualified;

c. Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in this article;

d. Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in this article; and

e. Has not had any conviction for a violation of military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic crash and has no record of a crash in which he was at fault; and

2. An applicant must provide evidence and certify that he:

a. Is regularly employed or was regularly employed within the last 90 days or any other period authorized by the FMCSA in a military position requiring operation of a commercial motor vehicle;

b. Was exempted from the commercial driver’s license requirements in 49 C.F.R. § 383.3(c); and

c. Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates, or expects to operate, for at least the two years immediately preceding discharge from the military.


2014, cc. 77, 803.


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