Virginia’s Rules for Commercial Driver’s Licenses (CDLs)

Many — but not all — truck drivers need a commercial driver’s license. Cargo van, semi-truck, and bus drivers are three categories of drivers who may need a CDL. If a truck driver operates a vehicle without a valid license, this individual or their employer is subject to penalties. On top of that, the trucker or their employer can be liable for an accident.

If a trucker is driving a vehicle without a CDL and causes an accident that injures you, you should seek legal help. Finding a Richmond truck accident attorney can help you determine if you have grounds for an insurance claim or personal injury lawsuit.

Do all truck drivers in Virginia need a commercial driver’s license?

Not necessarily. An individual needs a commercial driver’s license if they want to operate a commercial vehicle which meets any of the following criteria:

• Has a gross vehicle weight rating (GVWR) of 26,001 lbs. or more;
• Consists of multiple vehicles with a gross combination weight rating (GCWR) of 26,001 lbs. or more if a vehicle(s) being towed has a GVWR exceeding 10,000 lbs.;
• Carries 16 or more passengers (driver included); or
• Transports hazardous materials that require federal placarding.

There are times when a person can drive a large vehicle even if they don’t have a commercial driver’s license.

For example, you can drive a school bus that carries fewer than 16 people, including you, without a CDL. To do so, you will have to pass Virginia’s commercial driver and school bus assessments. Once you do, you’ll have a school bus endorsement added to your driver’s license. However, you are limited to driving a bus with a maximum of 16 occupants.

If you are involved in a crash with a commercial vehicle like a truck, and the driver doesn’t have a valid license, they can face serious legal consequences. This individual or their employer could face penalties, and you may have the right to pursue damages from any parties that contributed to your collision.

When does a truck driver need a commercial driver’s license?

The Code of Virginia details vehicle classifications relative to CDL requirements. Per state law, there are four commercial vehicle classifications:

• Class A: This is available for those who drive a combination of vehicles that have a gross combined weight of 26,001 lbs. or more, with a towed vehicle weighing at least 10,000 lbs.
• Class B: This is for individuals operating a vehicle with a minimum weight of 26,001 lbs or towing a vehicle with a GVWR of up to 10,000 lbs.
• Class C: This relates to vehicles that do not meet the criteria for a Class A or Class B license and are used for transporting hazardous materials.

Along with these classifications, a CDL can be issued with various endorsements, such as:

• Type T: This is for vehicles that have double or triple trailers.
• Type P: This relates to vehicles that carry passengers.
• Type N: This involves vehicles equipped with cargo tanks.

Choosing not to call the police is one of the common mistakes to avoid after a truck accident. Call 911, and police officers will arrive at the scene minutes later. They will collect information from you and the trucker involved in your crash, including the other driver’s license. If the truck driver was required to have a valid CDL but did not, this individual or their employer could face severe consequences for their actions.

What do you need to do to get a CDL in Virginia?

You must go through the Virginia Department of Motor Vehicles (DMV) to obtain a commercial driver’s license or commercial learner’s permit (CLP). A full CDL gives you the freedom to drive a commercial vehicle. Alternatively, if you have a learner’s permit, you can only drive a commercial vehicle if someone who is licensed to do so is traveling with you.

To obtain a CDL or CLP, you must meet Virginia’s driver’s license eligibility requirements. You must be at least 16 years and three months old and be a state resident. For those under 18, they must complete a state-approved driver education program and receive written consent from a parent or legal guardian unless they are married or legally emancipated. If you are over 18 and have never had a driver’s license, you must pass a driver’s education course and hold a learner’s permit for a minimum of 60 days.

You must fill out an application for a CDL or CLP. In addition, you may have to take several tests, including:

• Vision screening test
• CDL knowledge exams
• CDL road skills test

Lastly, before you can get a CDL, you must have a CLP for at least 14 days and complete a driver training program.

The process of getting a CDL can be tricky. Regardless, anyone who wants to operate a commercial vehicle must obtain one. Choosing not to do so and getting behind the wheel of a large truck can be dangerous and problematic.

Does Virginia have CDL disqualifications?

Virginia has the right to stop someone from getting a commercial driver’s license. The state’s CDL disqualification criteria include:

• Driving a commercial vehicle if you have a blood alcohol content (BAC) of 0.04 or higher
• Operating a commercial vehicle while you are under the influence of drugs or alcohol
• Refusing a breath test if you are pulled over while driving a commercial vehicle
• Deciding not to stop after an accident in which other motorists or pedestrians are injured or killed
• Texting while driving a commercial vehicle
• Speeding in a commercial vehicle
• Lying on a CDL application
• Following other vehicles too closely while you are driving a commercial vehicle
• Committing a moving violation that’s related to a fatal accident

Generally, even if a driver is disqualified, causation remains the key to any truck accident injury case. If you can prove that a trucker was driving without a valid CDL at the time of your collision, this could improve your chance of a strong recovery from the driver, their employer, or their insurer. However, you will still need to show that they are at fault for your injuries – and the insurer or trucking company may push back against your claim. Richmond truck accident lawyers understand these challenges and others that you may face during your litigation. They can put you in a better position to receive fair compensation.

Get started with your truck accident case

Any trucker who contributed to an accident that caused you medical bills, pain and suffering, and other losses should be held accountable. A truck accident lawyer in Richmond can help you take legal action against this individual, their employer, or both.

Phelan Petty Injury Lawyers have a track record of success that speaks for itself. Give our truck accident attorneys in Richmond the opportunity to assist you with your truck collision case. Contact us to request a free case evaluation.