                                 CODE OF VIRGINIA

ELIGIBILITY FOR COMMERCIAL DRIVER&#8217;S LICENSE OR COMMERCIAL LEARNER&#8217;S
PERMIT (§ 46.2-341.9)

A. A Virginia commercial driver&#8217;s license or commercial learner&#8217;s
permit shall be issued only to a person who drives or intends to drive a
commercial motor vehicle, who is domiciled in the Commonwealth, and who is
eligible for a commercial driver&#8217;s license or commercial learner&#8217;s
permit under such terms and conditions as the Department may require.
			No person shall be eligible for a Virginia commercial driver&#8217;s license
or commercial learner&#8217;s permit until he has applied for such license or
permit and has passed the applicable vision, knowledge and skills tests required
by this article, and has satisfied all other applicable licensing requirements
imposed by the laws of the Commonwealth. Such requirements shall include meeting
the standards contained in subparts F, G, and H, of Part 383 of the FMCSA
regulations.			No person shall be eligible for a Virginia commercial
driver&#8217;s license or commercial learner&#8217;s permit during any period in
which he is disqualified from driving a commercial motor vehicle, or his
driver&#8217;s license or privilege to drive is suspended, revoked or cancelled
in any state, or during any period wherein the restoration of his license or
privilege is contingent upon the furnishing of proof of financial
responsibility.			No person shall be eligible for a Virginia commercial
driver&#8217;s license until he surrenders all other driver&#8217;s licenses
issued to him by any state.			No person shall be eligible for a Virginia
commercial learner&#8217;s permit until he surrenders all other driver&#8217;s
licenses and permits issued to him by any other state. The applicant for a
commercial learner&#8217;s permit is not required to surrender his Virginia
noncommercial driver&#8217;s license.			No person under the age of 21 years
shall be eligible for a commercial driver&#8217;s license, except that a person
who is at least 18 years of age may be issued a commercial driver&#8217;s
license or commercial learner&#8217;s permit, provided that such person is
exempt from or is not subject to the age requirements of the Federal Motor
Carrier Safety Regulations contained in 49 C.F.R. Part 391, and is not
prohibited from operating a commercial motor vehicle by the Virginia Motor
Carrier Safety Regulations, and has so certified. No person under the age of 21
years shall be issued a hazardous materials endorsement.			No person shall be
eligible for a Virginia commercial driver&#8217;s license to drive a Type S
vehicle, as defined in subsection B of &#xA7; 46.2-341.16, during any period in
which he is a person for whom registration with the Sex Offender and Crimes
Against Minors Registry is required pursuant to Chapter 9 (&#xA7; 9.1-900 et
seq.) of Title 9.1.			In determining the eligibility of any applicant for a
Virginia commercial driver&#8217;s license, the Department shall consider, to
the extent not inconsistent with federal law, the applicant&#8217;s military
training and experience.			A person for whom registration with the Sex Offender
and Crimes Against Minors Registry is required pursuant to Chapter 9 (&#xA7;
9.1-900 et seq.) of Title 9.1 may be issued a Virginia commercial driver&#8217;s
license to drive a Type P vehicle, as defined in subsection B of &#xA7;
46.2-341.16, provided the commercial driver&#8217;s license includes a
restriction prohibiting the license holder from operating a commercial vehicle
to transport children to or from activities sponsored by a school or by a child
day care facility licensed, regulated, or approved by the Department of
Education.

B. Notwithstanding the provisions of subsection A, pursuant to 49 U.S.C.
31311(a)(12) a commercial driver&#8217;s license or commercial learner&#8217;s
permit may be issued to an individual who (i) operates or will operate a
commercial motor vehicle; (ii) is a member of the active duty military, military
reserves, National Guard, active duty United States Coast Guard, or Coast Guard
Auxiliary; and (iii) is not domiciled in the Commonwealth, but whose temporary
or permanent duty station is located in the Commonwealth.

HISTORY: 1989, c. 705, § 46.1-372.9; 2011, c. 477; 2012, cc. 12, 153; 2013, cc.
165, 582; 2015, c. 258; 2020, cc. 860, 861.