SECTION 46.2-326.1. Designation of commercial driver's license skills testing examiners  

A. 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 § 46.2-1702 during the application process, the Department shall certify a licensed Class A driver training school as a third party tester, as defined in § 46.2-1702 , to conduct skills tests if, in addition to the requirements listed in subsections B and C of § 46.2-1702 , 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 § 46.2-1702 , 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 § 46.2-1702 but in addition to the bond required for a licensed Class A driver training school.

B. Licensed Class A driver training schools meeting the requirements of subsection A may apply to the Department for certification as a third party tester. Such application shall include the information required in the application in § 46.2-1702 and shall include (i) evidence of the requirements listed in subsection A; (ii) an application for an employee who will act as a third party examiner; (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 § 46.2-1702 , at a licensed Class A driver training school for a minimum of two years and has maintained such licensure in good standing; and (iv) a $100 application fee. Such application must be renewed annually.

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 training school has not had sanctions levied by the Department for actions related to participation in the Class A driver training school program.

C. 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 60 days of submission of the application.

D. Licensed Class A driver training schools operating as third party testers shall:

1. Remit $50 per skills test to the Department in accordance with § 46.2-1702 ;

2. Submit to the Department the results of each skills test administered in a form prescribed by the Department;

3. Test only individuals receiving instruction and training from that school; and

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

E. Individuals intending to act as third party examiners for a licensed Class A driver training school that is operating as a third party tester shall meet the requirements in § 46.2-1702 and submit to the Department an application that includes (i) the information in the application required by § 46.2-1702 , (ii) evidence of their employment by a licensed Class A driver training school that is operating as a third party tester, and (iii) a $50 application fee. Such application must be renewed annually.

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 this section or any third party examiner employed by such Class A driver training school, effective immediately, for any reason enumerated in § 46.2-1702 . A licensed Class A driver training school permitted to administer skills tests pursuant to the provisions of this section or any third party examiner employed by such Class A driver training school shall not administer skills tests if its authority to provide training has been revoked, canceled, or suspended by the Department pursuant to § 46.2-1702 or any other provision of law.

2019, cc. 46.2-1702 , 46.2-1702 .