HOUSE BILL NO. 1540 Offered January 18, 2008 A BILL to amend and reenact § 46.2-1700 of the Code of Virginia, and to repeal § 22.1-205 of the Code of Virginia, relating to regulation of driver training schools by the Department of Motor Vehicles; driver training programs established for the public school system by the Department of Education. ---------- Patron-- Hugo ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-1700 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered as follows:

§ 46.2-1700. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Class A licensee" means a driver training school that provides training in the operation of commercial motor vehicles as defined in § 46.2-341.4.

"Class B licensee" means a driver training school that provides training in the operation of any type of motor vehicle other than motorcycles and commercial motor vehicles as defined in § 46.2-341.4.

"Driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services. "Driver training school" or "school" includes driver education programs in public schools that prior to July 1, 2008, were established for the public school system by the Board of Education. "Driver training school" or "school" does not mean any college, university, school established pursuant to § 46.2-1314, school maintained or classes conducted by employers for their own employees where no fee or tuition is charged, schools or classes owned and operated by or under the authority of bona fide religious institutions, or by the Commonwealth or any political subdivision thereof, training programs for school bus operators established pursuant to § 22.1-181, driver education programs established pursuant to § 22.1-205, or schools accredited by accrediting associations approved by the Department of Education; however, if any such entity or program excluded from the definition of "driver training school" offers driver education and training through a contractual arrangement with another person for consideration, then that other person shall be considered a driver training school subject to the requirements of this chapter.

"Instructor" means any person, whether acting for himself as operator of a driver training school or for such school for compensation, who teaches, conducts classes, gives demonstrations, or supervises persons learning to operate or drive a motor vehicle.

2. That § 22.1-205 of the Code of Virginia is repealed.