An municipal employee carrying a commercial driver’s license was randomly selected for urinalysis testing under a new CDL carrier requirement. The test returned a negative result. The Department’s policy mandated that the employee be retested. The employee was administered an oral fluid test, which yielded a positive test result for marijuana. The Chesapeake County Circuit Court held that the test leading to the employee’s positive result was administered in violation of the Fourth Amendment. The follow up test was administered approximately three months after the initial test and was too long to justify the subsequent test under any circumstances.
Unlicensed mechanic for commercial driver training school who was teaching driver training class was “instructor” within meaning of statute and regulation that required instructor to be licensed, even though he was not receiving compensation as instructor; he was teaching or giving class on learning to operate commercial vehicle and was acting on behalf of driver training school for compensation he received as mechanic.
A domiciliary of another state, while residing in Virginia, can use his commercial driver’s license, issued by the other state, to drive non-commercial vehicles in Virginia.
Adoption of Federal Regulations
What Constitutes a CMV
Major Disqualifying Offenses
Major Disqualifying Offenses (Alcohol Related)
Major Disqualifying Offenses (Drug Related)
Serious Traffic Offenses
Disqualifications (Railroad and Out of Service Violations)
Masking Convictions
10-Day Posting Requirement
Applicability
Traffic Jam: How Commercial Drivers Impact Human Trafficking in Virginia Webcast – June 11, 2025
This Webcast focused on human trafficking and its impact on commercial drivers in Virginia courts. The presenter, Hon. Gayle Williams-Byers, provided an overview of human trafficking, including its definition, various forms, legal aspects, and statistics. The discussion covered myths about trafficking, economic impacts, legislation, and the importance of recognizing signs and raising awareness to combat this widespread issue.
