4. Disqualification of driver convicted of fraud related to the testing and issuance of a commercial learner's permit or commercial driver's license

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A person who has been convicted of fraud pursuant to § 46.2-348 related to the issuance of a commercial learner's permit or commercial driver's license shall be disqualified for a period of one year. The application of a person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained commercial driver's license or seeks to renew or upgrade the fraudulently obtained commercial learner's permit must also, at a minimum, be disqualified. Any disqualification must be recorded in the person's driving record. The person may not reapply for a new commercial driver's license for at least one year.

If the Department receives credible information that a commercial learner's permit holder or commercial driver's license holder is suspected, but has not been convicted, of fraud related to the issuance of his commercial learner's permit or commercial driver's license, the Department shall require the driver to retake the skills test or knowledge test, or both. Within 30 days of receiving notification from the Department that retesting is necessary, the affected commercial learner's permit holder or commercial driver's license holder must make an appointment or otherwise schedule to take the next available test. If the commercial learner's permit holder or commercial driver's license holder fails to make an appointment within 30 days, the Department shall disqualify his commercial learner's permit or commercial driver's license. If the driver fails either the knowledge or skills test or does not take the test, the Department shall disqualify his commercial learner's permit or commercial driver's license. Once a commercial learner's permit holder's or commercial driver's license holder's commercial learner's permit or commercial driver's license has been disqualified, he must reapply for a commercial learner's permit or commercial driver's license under Department procedures applicable to all commercial learner's permit and commercial driver's license applicants.

2013, cc. 165, 582; 2014, cc. 77, 803; 2015, c. 258.


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