46.2-2814 - Drivers to have tow truck driver authorization document. - Virginia Statutes

§ 46.2-2814. Drivers to have tow truck driver authorization document.

The Board shall issue to tow truck drivers who meet such qualifications asthe Board shall have established a document authorizing the holder to drive atow truck. Such documents shall be valid for such period of time as the Boardshall provide by regulation. The Board may also provide by regulation for theissuance of temporary tow truck driver authorization documents.

On and after July 1, 2009, no tow truck shall be operated in the Commonwealthby any person who does not have such tow truck driver authorization documentunless the driver of the tow truck (i) is towing a vehicle from an origin inanother state and is passing through the Commonwealth to a destinationoutside the Commonwealth, (ii) is towing a vehicle from an origin in anotherstate to a destination in the Commonwealth, (iii) is towing a vehicle from anorigin in the Commonwealth to a destination in another state, or (iv) isoperating a tow truck that has not engaged a towed vehicle by a physical,mechanical means that causes the towed vehicle to be moved or lifted off theground. Such document shall be in addition to whatever driver's license orcommercial driver's license is required for operation of the vehicle underChapter 3 (§ 46.2-300 et seq.) of this title. No driver shall be deemed bythe Board to be qualified to drive a tow truck unless he provides to theBoard a written statement that he is not required to register as a sexoffender as provided in § 9.1-901 or in a substantially similar law of anyother state, the United States, or any foreign jurisdiction. The Board maycharge a reasonable fee for the issuance of such document in an amountcalculated to cover its actual and necessary expenses.

The Board shall require every applicant for a tow truck driver authorizationdocument to submit to fingerprinting and provide personal descriptiveinformation to be forwarded along with the applicant's fingerprints throughthe Central Criminal Records Exchange to the Federal Bureau of Investigationfor the purpose of obtaining a national criminal history record checkregarding such applicant. The cost of the fingerprinting and criminal historyrecords check shall be paid by the applicant.

The Central Criminal Records Exchange, upon receipt of an applicant's recordor notification that no record exists, shall make a report to the Board. Ifan applicant is denied a tow truck driver authorization document because ofthe information appearing in his criminal history record, the Board shallnotify the applicant that information obtained from the Central CriminalRecords Exchange contributed to such denial. The information shall not bedisseminated except as provided in this section.

(2006, cc. 874, 891; 2008, cc. 470, 647, 836; 2009, cc. 117, 164, 806.)