2006 Code of Virginia § 46.2-341.10:1 - Seasonal restricted commercial drivers\' licenses

46.2-341.10:1. Seasonal restricted commercial drivers' licenses.

A. The Commissioner may, in his discretion, issue seasonal restrictedcommercial drivers' licenses in accordance with this section.

B. A Virginia seasonal restricted commercial driver's license shall be issuedonly to a person who (i) is a seasonal employee of a farm retail outlet orsupplier, a custom harvester, a livestock feeder, or an agri-chemicalbusiness, (ii) is a Virginia-licensed driver with at least one year ofdriving experience as a licensed driver, and (iii) has satisfied everyrequirement for issuance of a commercial driver's license except successfulcompletion of the knowledge and skills tests.

C. The Department shall not issue or renew a seasonal restricted commercialdriver's license and shall not revalidate the seasonal period for which suchlicense authorizes operation of a commercial motor vehicle, unless:

1. The applicant has not, and certifies that he has not, at any time duringthe two years immediately preceding the date of application:

a. Had more than one driver's license;

b. Had any driver's license or driving privilege suspended, revoked, orcanceled;

c. Had any convictions involving any kind of motor vehicle for any of theoffenses listed in 46.2-341.18, 46.2-341.19, or 46.2-341.20;

d. Been convicted of a violation of state or local laws relating to motorvehicle traffic control, other than a parking violation, which violationarose in connection with any reportable traffic accident;

e. Been convicted of any serious traffic violation, as defined in 46.2-341.20, whether or not committed in a commercial motor vehicle; and

2. The applicant certifies and provides evidence satisfactory to theCommissioner that he is employed on a seasonal basis by a farm retail outletor supplier, custom harvester, livestock feeder, or agri-chemical business ina job requiring the operation of a commercial motor vehicle.

D. Such seasonal restricted license shall entitle the licensee to drive acommercial motor vehicle of the class and type designated on the license, butshall not authorize operation of a Class A vehicle.

E. Such seasonal restricted license shall authorize operation of a commercialmotor vehicle only during the seasonal period or periods prescribed by theCommissioner and stated on the license, provided the total number of calendardays in any twelve-month period for which the seasonal restricted licenseauthorizes operation of a commercial motor vehicle shall not exceed 180. Thelicense is valid for operation of a commercial motor vehicle during theseasonal period or periods for which it has been validated and must berevalidated annually by the Department for each successive seasonal period orperiods for which commercial vehicle operation is sought; such license shallauthorize operation of noncommercial motor vehicles at any time, unless ithas been suspended, revoked, or canceled, or has expired.

F. Such seasonal restricted license shall not authorize operation of acommercial motor vehicle during any period during which the licensee is notemployed by an entity described in subdivision B hereof, nor if suchoperation is not directly related to such employment.

G. Such seasonal restricted license shall not authorize the licensee tooperate any vehicle transporting hazardous materials as defined in thisarticle, except that a seasonal restricted licensee may drive a vehicletransporting:

1. Diesel fuel in quantities of 1,000 gallons or less;

2. Liquid fertilizers to be used as plant nutrients, in a vehicle orimplement of husbandry with a total capacity of 3,000 gallons or less; or

3. Solid plant nutrients that are not transported with any organic substance.

H. Such seasonal restricted license shall authorize the operation of acommercial motor vehicle only within 150 miles of the place of business ofthe licensee's employer or the farm being served.

(1993, c. 70.)