                                 CODE OF VIRGINIA

DEFINITIONS (§ 46.2-341.4)

As used in this article, unless the context requires a different
meaning:		&#8220;Air brake&#8221; means any braking system operating fully or
partially on the air brake principle.		&#8220;Applicant&#8221; means an
individual who applies to obtain, transfer, upgrade, or renew a commercial
driver&#8217;s license or to obtain or renew a commercial learner&#8217;s
permit.		&#8220;Automatic transmission&#8221; means, for the purposes of the
skills test and the restriction, any transmission other than a manual
transmission.		&#8220;CDLIS driver record&#8221; means the electronic record of
the individual commercial driver&#8217;s status and history stored by the State
of Record as part of the Commercial Driver&#8217;s License Information System
(CDLIS).		&#8220;Commercial driver&#8217;s license&#8221; means any
driver&#8217;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.		&#8220;Commercial
driver&#8217;s license information system&#8221; or &#8220;CDLIS&#8221; means
the commercial driver&#8217;s license information system established by the
Federal Motor Carrier Safety Administration pursuant to § 12007 of the
Commercial Motor Vehicle Safety Act of 1986.		&#8220;Commercial learner&#8217;s
permit&#8221; 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&#8217;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&#8217;s license for purposes of behind-the-wheel training. When issued to
a commercial driver&#8217;s license holder, a commercial learner&#8217;s permit
serves as authorization for accompanied behind-the-wheel training in a
commercial motor vehicle for which the holder&#8217;s current commercial
driver&#8217;s license is not valid.		&#8220;Commercial motor vehicle&#8221;
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, whichever is greater; (ii) has a gross
combination weight or a gross combination weight rating of 26,001 or more
pounds, whichever is greater, inclusive of a towed vehicle with a gross vehicle
weight rating of more than 10,000 pounds; (iii) is designed to transport 16 or
more passengers including the driver; or (iv) is of any size and is used in the
transportation of hazardous materials as defined in this section. Every such
motor vehicle or combination of vehicles shall be considered a commercial motor
vehicle whether or not it is used in a commercial or profit-making
activity.		The following are excluded from the definition of commercial motor
vehicle:

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

2. Any vehicle that (i) is controlled and operated by a farmer, whether or not
it is owned by the farmer, and that is used exclusively for farm use, as
provided in &#xA7;&#xA7; 46.2-649.3 and 46.2-698; (ii) is used to transport
either agricultural products, farm machinery, or farm supplies to or from a
farm; (iii) is not used in the operation of a common or contract motor carrier;
and (iv) is used within 150 miles of the farmer&#8217;s farm;

3. Any vehicle operated for military purposes by (i) active duty military
personnel; (ii) members of the military reserves; (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.
Reserve technicians; and (iv) active duty U.S. Coast Guard personnel; or

4. Emergency equipment operated by a member of a firefighting, rescue, or
emergency entity in the performance of his official duties.
			&#8220;Commercial Motor Vehicle Safety Act&#8221; means the federal
Commercial Motor Vehicle Safety Act of 1986, Title XII of P.L. 99-570, as
amended.			&#8220;Conviction&#8221; means an unvacated adjudication of guilt, or
a determination that a person has violated or failed to comply with the law in a
court of original jurisdiction, an unvacated forfeiture of bond, bail, or
collateral deposited to secure the person&#8217;s appearance in court, a plea of
guilty or nolo contendere accepted by the court, the payment of a fine or court
costs in lieu of trial, a violation of a condition of release without bail,
regardless of whether the penalty is rebated, suspended, or probated, or, for
the purposes of alcohol or drug-related offenses involving the operation of a
motor vehicle, a civil or an administrative determination of a violation. For
the purposes of this definition, an administrative determination includes an
unvacated certification or finding by an administrative or authorized
law-enforcement official that a person has violated a provision of
law.			&#8220;Disqualification&#8221; means a prohibition against driving,
operating, or being in physical control of a commercial motor vehicle for a
specified period of time, imposed by a court or a magistrate, or by an
authorized administrative or law-enforcement official or
body.			&#8220;Domicile&#8221; means a person&#8217;s true, fixed, and permanent
home and principal residence, to which he intends to return whenever he is
absent.			&#8220;Employee&#8221; means a payroll employee or person employed
under lease or contract, or a person who has applied for employment and whose
employment is contingent upon obtaining a commercial driver&#8217;s
license.			&#8220;Employer&#8221; means a person who owns or leases commercial
motor vehicles and assigns employees to drive such
vehicles.			&#8220;Endorsement&#8221; means an authorization to an
individual&#8217;s commercial driver&#8217;s license or commercial
learner&#8217;s permit required to permit the individual to operate certain
types of commercial motor vehicles.			&#8220;Entry-level driver&#8221; means an
individual who (i) must complete the commercial driver&#8217;s license skills
test requirements under FMCSA regulations prior to receiving a commercial
driver&#8217;s license for the first time, (ii) is upgrading to a Class A or
Class B commercial driver&#8217;s license for the first time, or (iii) is
obtaining a hazardous materials, passenger, or school bus endorsement for the
first time. This definition does not include individuals exempt from such
requirements under 49 C.F.R. &#xA7; 380.603.			&#8220;Entry-level driver
training&#8221; means training an entry-level driver receives from an entity
listed on the FMCSA&#8217;s Training Provider Registry, as provided for in 49
C.F.R. &#xA7; 380.700 et seq., prior to taking the (i) commercial driver&#8217;s
license skills test required to (a) receive a commercial driver&#8217;s license
for the first time, (b) receive the Class A or Class B commercial driver&#8217;s
license for the first time, (c) upgrade to a Class A or B commercial
driver&#8217;s license for the first time, or (d) obtain a passenger or school
bus endorsement for the first time or (ii) commercial driver&#8217;s license
knowledge test required to obtain a hazardous materials endorsement for the
first time.			&#8220;FMCSA&#8221; means the Federal Motor Carrier Safety
Administration of the U.S. Department of Transportation.			&#8220;Full air
brake&#8221; means any braking system operating fully on the air brake
principle.			&#8220;Gross combination weight rating&#8221; means the value
specified by the manufacturers of an articulated vehicle or combination of
vehicles as the maximum loaded weight of such vehicles. In the absence of such a
value specified by the manufacturer, for law-enforcement purposes, the gross
combination weight rating shall be the greater of (i) the gross vehicle weight
rating of the power units of the combination vehicle plus the total weight of
the towed units, including any loads thereon, or (ii) the gross weight at which
the articulated vehicle or combination of vehicles is registered in its state of
registration; however, the registered gross weight shall not be applicable for
determining the classification of an articulated vehicle or combination of
vehicles for purposes of skills testing pursuant to &#xA7; 46.2-341.14 or
46.2-341.16.			&#8220;Gross vehicle weight rating&#8221; means the value
specified by the manufacturer of the vehicle as the maximum loaded weight of a
single vehicle. In the absence of such a value specified by the manufacturer,
for law-enforcement purposes, the gross vehicle weight rating shall be the
greater of (i) the actual gross weight of the vehicle, including any load
thereon, or (ii) the gross weight at which the vehicle is registered in its
state of registration; however, the registered gross weight of the vehicle shall
not be applicable for determining the classification of a vehicle for purposes
of skills testing pursuant to &#xA7; 46.2-341.14 or
46.2-341.16.			&#8220;Hazardous materials&#8221; means materials designated to
be hazardous in accordance with &#xA7; 103 of the federal Hazardous Materials
Transportation Act, 49 U.S.C. &#xA7; 5101 et seq., as amended, and which require
placarding when transported by motor vehicle as provided in the federal
Hazardous Materials Regulations, 49 C.F.R. Part 172, Subpart F; it also includes
any quantity of any material listed as a select agent or toxin in federal Public
Health Service Regulations at 42 C.F.R. Part 73.			&#8220;Manual
transmission,&#8221; 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 and a gear-shift mechanism operated by
either hand or foot.			&#8220;Noncommercial driver&#8217;s license&#8221; means
any other type of motor vehicle license, such as an automobile driver&#8217;s
license, a chauffeur&#8217;s license, or a motorcycle
license.			&#8220;Nondomiciled commercial learner&#8217;s permit&#8221; or
&#8220;nondomiciled commercial driver&#8217;s license&#8221; means a commercial
learner&#8217;s permit or commercial driver&#8217;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 two conditions: (i) to an
individual domiciled in a foreign jurisdiction that does not test drivers and
issue commercial driver&#8217;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&#8217;s licenses in accordance with decertification requirements of 49
C.F.R. &#xA7; 384.405.			&#8220;Out-of-service order&#8221; or
&#8220;out-of-service declaration&#8221; means an order by a judicial officer
pursuant to &#xA7; 46.2-341.26:2 or 46.2-341.26:3 or an order or declaration by
an authorized law-enforcement officer under &#xA7; 46.2-1001 or regulations
promulgated pursuant to &#xA7; 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 within them, and also
including actions by federal or other jurisdictions&#8217; 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 operating a commercial motor
vehicle for the duration of the out-of-service period. Such order or declaration
as to a vehicle means that such vehicle cannot be operated until the hazardous
condition that resulted in the order or declaration has been removed and the
vehicle has been cleared for further operation. Such 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. For
purposes of this article, the provisions of the Federal Motor Carrier Safety
Regulations, 49 C.F.R. 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.			&#8220;Person&#8221; means a natural person, firm, partnership,
association, corporation, or a governmental entity including a school
board.			&#8220;Restriction&#8221; means a prohibition on a commercial
driver&#8217;s license or commercial learner&#8217;s permit that prohibits the
holder from operating certain commercial motor vehicles.			&#8220;Seasonal
restricted commercial driver&#8217;s license&#8221; means a commercial
driver&#8217;s license issued under the authority of the waiver promulgated by
the federal Department of Transportation (49 C.F.R. &#xA7; 383.3) by the
Commonwealth or any other jurisdiction to an individual who has not passed the
knowledge or skills tests required of other commercial driver&#8217;s license
holders. 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.			&#8220;State&#8221; means one of the 50 states of the
United States or the District of Columbia.			&#8220;Tank vehicle&#8221; means
any commercial motor vehicle that is designed to transport any liquid or gaseous
materials within a tank or tanks having an individual rated capacity of more
than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that
is either permanently or temporarily attached to the vehicle or the chassis.
Such vehicles include, but are not limited to, cargo tanks and portable tanks,
as defined in 49 C.F.R. Part 171. However, this definition does not include
portable tanks having a rated capacity under 1,000 gallons as provided in 49
C.F.R. Part 383. 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.			&#8220;Third party examiner&#8221; means an
individual who is an employee of a third party tester and who is certified by
the Department to administer tests required for a commercial driver&#8217;s
license.			&#8220;Third party instructor&#8221; means an individual who is an
employee of a third party tester or a training provider and who (i) is
authorized by the Department to provide entry-level driver training required for
a commercial driver&#8217;s license and (ii) meets the requirements for either a
theory or behind-the-wheel instructor as defined in &#xA7;
46.2-1700.			&#8220;Third party tester&#8221; 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 Community
College System established by the State Board for Community Colleges pursuant to
Chapter 29 (&#xA7; 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 commercial
driver&#8217;s license applicants in accordance with this
article.			&#8220;Training provider&#8221; means a person that provides
entry-level driver training and that is (i) a Virginia licensed Class A driver
training school or a Virginia certified third party tester and is listed on the
federal Training Provider Registry or (ii) an entity that is otherwise licensed,
certified, registered, or authorized to provide training in accordance with the
laws of the Commonwealth or the applicable laws of another state and is listed
on the federal Training Provider Registry.			&#8220;VAMCSR&#8221; means the
Virginia Motor Carrier Safety Regulations (19VAC30-20) adopted by the Department
of State Police pursuant to &#xA7; 52-8.4.

HISTORY: 1989, c. 705, § 46.1-372.4; 1990, c. 218; 1993, c. 70; 1998, c. 883;
2005, c. 513; 2008, c. 190; 2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258;
2016, c. 429; 2019, c. 750; 2024, cc. 107, 121.