CHAPTER 113

An Act to amend the Code of Virginia by adding in Title 54 a chapter
numbered 7.1, consisting of articles numbered 1 and 2 and of sections
numbered 54-145.11 through 54-145.20, creating a Board for Commer-
cial Driver Training Schools; providing for the licensing of such
schools and for standards, fees and penalties in connection therewith;
and providing for the approval of courses offered by such schools by
the State Department of Education for certain purposes. rH 205}

Approved March 4, 1968

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 54 a chapter
numbered 7.1, consisting of articles numbered 1 and 2 and sections num-
bered 54-145.11 through 54-145.20, as follows:

Chapter 7.1
Commercial Driver Training Schools.
Article 1.

§ 54-145.11. As used in this article: |

(a) “Commercial driver training school” or “school” means a busi-
ness enterprise conducted by an individual, association, partnership, or
corporation, for the education and training of persons, either practically
or theoretically, or both, to operate or drive motor vehicles, and charging
a consideration or tuition for such services, but does not mean any college,
university, school established pursuant to § 46.1-16.1, school maintained
or classes conducted by employers for their own employees where no fee
or tuition is charged, schools or classes owned and operated by or under
the authority of bona fide religious institutions, or by the State or any
political subdivision thereof, or schools accredited by accrediting associa-
tions approved by the Department of Education.

(b) “Instructor” means any person, whether acting for himself as
operator of a commercial driver training school or for such school for
compensation, who teaches, conducts classes of, gives demonstrations to,
or A Sighleaee practice of, persons learning to operate or drive a motor
vehicle.

_ (c) “Board” means the Board for Commercial Driver Education
ools.

§ 54-145.12. A board is hereby created to be known as the Board for
Commercial Driver Training Schools of the Department of Professional
and Occupational Registration which shall consist of five members ap-
pointed by the Governor. At least two shall be instructors who have
worked in the field of driver training for at least five years immediately
prior to appointment.

The first Board appointed shall consist of five members, two of whom
shall serve for three years, two of whom shall serve for two years, and
one of whom shall serve for one year. Each member appointed thereafter
shall serve for three years. Members appointed to fill vacancies caused by
death, resignation or removal shall serve during the unexpired term of
their predecessors. The Governor may remove a member for a good cause.

The Board shall maintain its headquarters in Richmond in the De-
partment of Professional and Occupational Registration. The Board shall
adopt and use a common seal for the authentication of its orders and
records. The Board shall elect a chairman and a vice-chairman. The
Director of the Department of Professional and Occupational Registration
shall serve as executive secretary of the Board. The executive secretary’s
duties shall be to keep and preserve all records of the Board, issue all
necessary notices, and perform such other duties as may be requested by
the Board.

A majority of the Board in meeting duly assembled may perform and
exercise all the duties and powers devolving upon the Board.

Each member of the Board shall receive a per diem, to be fixed by
the Governor, and shall be reimbursed for his actual expenses. The secre-
tary of the Board shall report alunually to the Governor, a full statement
of its work during the year.

§ 54-145.138. No commercial driver training school shall be estab-
lished or continue operation on or after January one, nineteen hundred
sixty-nine, unless such school shall apply for and obtain from the Board
a license authorizing such school to operate within this State.

§ 54-145.14. The Board shall have authority to issue a license to
any commercial driver training school authorizing it to operate within
this State upon receipt of an application therefor on a form approved by
the Board and its being established to the Board’s satisfaction that the
licensee meets the standards for licensing adopted by the Board and re-
lating to the location, equipment, courses of instruction, instructors, pre-
vious records of the school and instructors, financial statements, schedule
of fees and charges, character and reputation of the operators, insurance
in such sum and with such provisions as deemed necessary to protect
adequately the interests of the public and such other matters as the
Board may prescribe for the protection of the public.

§ 54-145.15. All licenses shall expire on the last day of the calendar
year and may be renewed upon application to the Board as prescribed by
its regulations. Each application for an original or renewal school license
shall be accompanied by a fee of twenty-five dollars. No license fees shall be
refunded in the event any license is rejected, suspended, or revoked.

§ 54-145.16. The Board may refuse to issue or may suspend or re-
voke a license in any case where it finds the applieant or licensee has
violated any of the provisions of this article or the regulations adopted
by the Board. A suspended or revoked license shall be returned to the
Board by the licensee.

§ 54-145.17. The provisions of Chapter 1.1 (§ 9-6.1 et seq.) of
Title 9 of the Code of Virginia shall be applicable to this article.

§ 54-145.18. All funds collected by the Board as provided in this
article shall be paid into the State treasury and are hereby appropriated
to the Board for the purpose of administering, enforcing and effectuating
the purposes of this article. All payments out of this appropriation shall
be made by the Treasurer of Virginia on warrants of the Comptroller
issued on vouchers signed by the secretary of the Board. The expenditures
of the Board shall not in any year exceed the amount of fees collected
by the Board for that year.

§ 54-145.19. Whoever violates any provision of this article shall
be fined not more than one hundred dollars or imprisoned not more than
thirty days, or both.

Article 2.
Certification.

§ 54-145.20. In the event that § 46.1-357 of the Code of Virginia
be amended to require that persons under eighteen years of age have
successfully completed a driver education course as a condition for ob-
taining an operator’s license under that section, the State Department
of Education shall certify to the Division of Motor Vehicles the course
offered by any commercial driver training school licensed under the pro-
visions of Article 1 of this chapter as an approved course of driver edu-
cation for purposes of fulfilling such condition if the State Department
of Education finds that such course is of comparable content and quality
to that offered in the State’s public schools; provided that in making such
finding, the State Department of Education shall not require that the
instructors of any commercial driver training school meet the certifica-
tion requirements of teachers in the State’s public schools.