TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

DEPARTMENT OF MOTOR VEHICLES

Fast-Track Regulation

Title of Regulation: 24VAC20-121. Virginia Driver Training Schools Regulations (amending 24VAC20-121-100).

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 18, 2024.

Effective Date: January 2, 2025.

Agency Contact: Nicholas Megibow, Senior Policy Analyst, Department of Motor Vehicles, 2300 West Broad Street, Richmond, VA 23220, telephone (804) 367-6701, FAX (804) 367-4336, or email nicholas.megibow@dmv.virginia.gov.

Basis: Department of Motor Vehicles (DMV) regulations are promulgated under the general authority of § 46.2-203 of the Code of Virginia, which grants DMV statutory authority to promulgate regulations necessary to carry out the laws administered by the DMV. Section 46.2-1703 of the Code of Virginia authorizes DMV to promulgate regulations that include curriculum requirements, contractual arrangements with students, obligations to students, facilities and equipment, qualifications and other requirements for instructors, school ownership requirements, surety bond requirements, and financial stability of schools.

Purpose: This action reduces the regulatory burden on driver training school businesses without detrimentally affecting the health, safety, or welfare of citizens of the Commonwealth.

Rationale for Using Fast-Track Rulemaking Process: Because this action would reduce the regulatory burden on driver training school businesses without detrimentally affecting the health, safety, or welfare of citizens of the Commonwealth, DMV anticipates that the action will be noncontroversial and therefore appropriate for the fast-track rulemaking process.

Substance: This action removes certain requirements related to driving records found in subsection B, removes the traffic accident notification requirement in subsection E, amends subsection G to eliminate duplicative language, and removes the high school diploma requirement for Class A driving instructors from subsection I in 24VAC20-121-100.

Issues: The advantage to the public and the Commonwealth is that this action would remove unnecessary regulatory requirements from DMV regulations and lessen the regulatory burden on driver training school businesses. This action does not present any disadvantages to the public or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Department of Motor Vehicles (DMV) proposes to eliminate certain general instructor licensing requirements from the regulation, including the requirement for a Class A instructor to have a high school diploma or equivalent.

Background. DMV proposes to remove the following requirements: (i) that driving records must exhibit the individual's name, the driver's license number, the date of issue, the issuing jurisdiction, the date of expiration and notations of any convictions, license withdrawals, suspensions, revocations, cancellations, disqualifications, or restrictions; (ii) that instructor applicants and those licensed to teach in-vehicle instruction must report any traffic accidents related to driving within 15 days; and (iii) that Class A driving instructors have a high school diploma or equivalent. Class A training is for drivers of commercial motor vehicles.

Estimated Benefits and Costs. According to DMV, the agency already has all of the driving record required elements mentioned in its computer system. Thus, eliminating the elements of the driving records requirement would have no impact beyond perhaps reducing potential confusion by readers of the regulation. Concerning the requirement that instructor applicants and licensed instructors report traffic accidents, the agency states that it does not need to know about accidents that do not result in convictions, and that it is notified through its systems of convictions. To the extent that instructor applicants and licensed instructors have been reporting this information, the removal of this requirement would benefit them in that it would save them the time involved in reporting. Persons without a high school diploma or equivalent who wish to become a Class A driving instructor would benefit from the proposal to no longer require the degree or its equivalent to gain such licensure. Specifically, these persons would save the time and other required resources to gain the diploma or its equivalent. Removing this burden may result in a small increase in the number of persons who gain Class A driving instructor licensure. To the extent that there is an increase in the supply of licensed Class A driving instructors, some commercial motor vehicle driving schools may benefit from increased ease in finding qualified instructors.

Businesses and Other Entities Affected. The proposed amendments potentially affect the 324 licensed driver training schools and their instructors, as well as applicants for driving instructor licensure.² Persons without a high school diploma or equivalent who wish to become a Class A driving instructor would be particularly affected. According to DMV, all or almost all licensed driver training schools are small businesses. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ The proposed amendment neither increases costs nor reduces benefits. Thus, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendments neither disproportionally affect particular localities nor introduce costs for local governments.

Projected Impact on Employment. There may be a moderate increase in employed Class A driving instructors.

Effects on the Use and Value of Private Property. To the extent that there is an increase in the supply of licensed Class A driving instructors, some commercial motor vehicle driving schools may encounter reduced hiring costs, which may moderately increase their value. The proposed amendments do not affect real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Data source: DMV.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Department of Motor Vehicles has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The amendments remove certain requirements related to driving records, eliminate duplicative language, and remove the high school diploma requirement for Class A driving instructors.

24VAC20-121-100. General instructor licensing requirements.

A. Individuals seeking an instructor's license shall submit, as required by these regulations this chapter, a completed application along with any associated fees and other appropriate documentation to the school with which they are the individual is employed. Schools shall be responsible for submitting the instructor applications, along with any associated fees and other appropriate documentation, to the department, as required by these regulations this chapter. Applicants seeking an original or a renewal of an instructor's license shall submit with their the application a national criminal records check completed within 60 days of the submission date of the application.

B. Applicants must be at least 21 years of age and must be able to document with driving records at least five years of licensed driving experience, two years of which shall be experience in the United States or a territory thereof. These driving records must exhibit the individual's name, the driver's license number, the date of issue, the issuing jurisdiction, the date of expiration and notations of any convictions, license withdrawals, suspensions, revocations, cancellations, disqualifications or restrictions. In the event an applicant uses driving records from a foreign country to substantiate licensed driving experience, such records must be translated into English by an appropriate authority, as approved by the department, at the applicant's expense.

C. Individuals seeking an instructor's license must be employed by a licensed school. No instructor shall be employed by more than one school unless all the schools are owned by the same person. Instructors employed by more than one school shall have an application and other appropriate documentation and fees submitted to the department by each school that employs them the individual.

D. Individuals licensed as instructors or seeking an instructor's license must be able to effectively communicate in English in an easily understood and comprehensible manner to their students and the department, as determined by the department.

E. Individuals seeking an instructor's license to teach in-vehicle instruction shall hold a valid driver's license from their the individual's state of domicile at the time of licensing and throughout the entire licensure period. If such driver's licenses are from another state or jurisdiction, the applicant must provide to the department a copy of their the applicant's driving record from that jurisdiction with their the application and every three months thereafter if they receive the applicant receives an instructor's license. Such driving record must be produced within 30 days of its submission submitting the driving record to the department.

All applicants for a license to teach in-vehicle instruction and those persons who are currently licensed to teach in-vehicle instruction must also provide notice to the department, in a format prescribed by the department, of any traffic accidents, convictions of traffic infractions, misdemeanors, or felonies, as well as any administrative actions relating to driving or any driver's license revocation, suspension, cancellation, disqualification, or other loss of driving privileges within 15 calendar days of the conviction or administrative action, or within 15 calendar days of the imposition of the revocation, suspension, cancellation, disqualification, or other loss of driving privileges.

Applicants An applicant for a license to teach in-vehicle instruction shall not be approved if their the applicant's current driving privileges are expired, suspended, revoked, cancelled canceled, or disqualified. Persons Any person required to submit to periodic medical reviews may also be denied an in-vehicle instructor's license if, as determined by the department, their the person's conditions are considered to pose a threat to the safety, health, or welfare of driver training students or the public while these persons operate the person operates a motor vehicle.

F. Individuals who obtain an instructor's license shall at the time of licensing have a driving record with no more than six demerit points. After licensing, instructors shall maintain a driving record with no more than six demerit points. If, during the licensure period, the driving record of such individual accumulates more than six demerit points based on violations occurring in a 12-month period, the department shall suspend the person's instructor license and shall notify the instructor and the driver training school where the instructor is employed of such suspension. Safe driving points shall not be used to reduce the accumulated demerit points. In the event that the driving record is from another state, the department will apply Virginia's equivalent demerit points to convictions noted on such record.

Whenever the driver's license of such individual is suspended or revoked, no longer has a valid driving credential or such person is convicted in any court of reckless driving, driving under the influence, or driving while intoxicated, the department shall suspend the person's instructor license and shall notify the person and the driver training school where the instructor is employed of the suspension.

G. The department may refuse to approve any application, including originals or renewals, in which the applicant has been convicted of a any felony, including but not limited to bribery, forgery, fraud or embezzlement under the laws of the Commonwealth or any other jurisdiction, or a conviction of any offense included in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia (Criminal Sexual Assault) or of any similar laws of any other jurisdiction, or any a misdemeanor or felony conviction involving:

1. Sexual assault as established in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia;

2. Obscenity and related offenses as established in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia;

3. Drugs as established in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia;

4. Crimes of moral turpitude;

5. Contributing to the delinquency of a minor;

6. Taking indecent liberties with a minor;

7. The physical or sexual abuse or neglect of a child;

8. Similar offenses in other jurisdictions; or

9. Other offenses, as determined by the department, which that would indicate that the applicant may present a danger to the safety of students or the public.

Instructor licenses may be suspended or revoked if a conviction for any of the offenses outlined in this subsection occurs during any licensure period.

H. Instructor applicants shall not be issued a license if they have the applicant has a conviction of driving under the influence, reckless driving, refusal to submit to a breath or blood test under § 18.2-268.2 of the Code of Virginia, or vehicular or involuntary manslaughter, or of any similar offense from any other jurisdiction within a period of five years prior to the date of the application. If the applicant's driving privileges were revoked for any such conviction, then the five-year period shall be measured from the license restoration date rather than the conviction date. Instructor licenses issued shall be revoked if a conviction, as outlined in this subsection, occurs during the licensure period.

I. Except as otherwise provided in these regulations, an An individual seeking an a Class B instructor's license shall have at least a high school diploma or equivalent. After initial licensure or renewal, Class A and Class B instructors shall attend annual training sessions provided by the department. These one-day training sessions shall be held in each of the department's regional districts every year, as deemed necessary by the department.

These sessions shall include, as appropriate and necessary, updates on department forms, audit processes and other procedural changes, and new legislation that has implications for driver training. They also shall also include discussions about any issues or concerns raised by either the department or the licensees.

When available, these sessions shall also offer information about the latest in driver training instructional techniques as well as other new developments in driver training in order to enhance overall professional training skills and abilities.

The schedule for such training sessions shall be developed by the department and provided to each instructor through the school that employs them the instructor at least 30 days in advance of the scheduled sessions. The schedule also shall include provisions for a make-up training session for those licensees who could not attend the training session in their region. Attendance shall be mandatory and shall be at no cost to licensed instructors, other than those costs associated with travel to and from the training session, including lodging and meals.

Each licensed instructor who, without valid excuse, fails to attend and complete a scheduled training session or a scheduled make-up training session shall be subject to a minimum 30-day license suspension, which shall not be lifted until the instructor has completed a special make-up training session. Special make-up training sessions shall be provided only when necessary, and instructors attending such sessions will be required to pay the department's cost for providing the special make-up training session.

J. All instructors shall complete training on the current curriculum and other course work, as required and approved by the department, prior to instructing students. Evidence of such training shall be maintained by the school employing the instructor and provided to the department upon request.

K. The fee for an instructor license shall be set pursuant to these regulations this chapter. The instructor's license period shall expire when the respective school license expires. At the discretion of the department, instructor licensing fees may be prorated on a monthly basis.

L. The instructor license application package shall be submitted by the school employing the instructor to the department in a format prescribed by the department. All proper applications will be either approved or denied by the department within 30 business days of receipt from the school employing the instructor.

M. All licensed instructors shall have their instructor's license in their possession at all times while providing instruction.

N. Each instructor licensed by the department shall notify the department in a format prescribed by the department within 30 days of establishing a new residential address.

O. In the event that a school licensed by the department changes its name or address, the school shall, no later than 30 days prior to such change (i) notify the department of the school's name or address change, (ii) request revised instructor's licenses for the instructors it employs reflecting the change, and (iii) submit to the department the processing fees set forth in these regulations this chapter for revising and reissuing an instructor's license for each of its instructors.

After receiving the processing fees, the department will revise and reissue the instructor's licenses, as requested, and will cancel the previously issued licenses. Once it receives the revised licenses from the department, the school shall return the cancelled instructor's licenses to the department.