A. The Commissioner may, in his discretion, issue seasonal restricted commercial drivers' licenses in accordance with this section.

B. A Virginia seasonal restricted commercial driver's license shall be issued only to a person who (i) is a seasonal employee of a farm retail outlet or supplier, a custom harvester, a livestock feeder, or an agri-chemical business, (ii) is a Virginia-licensed driver with at least one year of driving experience as a licensed driver, and (iii) has satisfied every requirement for issuance of a commercial driver's license except successful completion of the knowledge and skills tests.

C. The Department shall not issue or renew a seasonal restricted commercial driver's license and shall not revalidate the seasonal period for which such license authorizes operation of a commercial motor vehicle, unless:

1. The applicant has not, and certifies that he has not, at any time during the two years immediately preceding the date of application:

a. Had more than one driver's license;

b. Had any driver's license or driving privilege suspended, revoked, or canceled;

c. Had any convictions involving any kind of motor vehicle for any of the offenses listed in §§ 46.2-341.18, 46.2-341.19, or § 46.2-341.20;

d. Been convicted of a violation of state or local laws relating to motor vehicle traffic control, other than a parking violation, which violation arose in connection with any reportable traffic accident;

e. Been convicted of any serious traffic violation, as defined in § 46.2-341.20, whether or not committed in a commercial motor vehicle; and

2. The applicant certifies and provides evidence satisfactory to the Commissioner that he is employed on a seasonal basis by a farm retail outlet or supplier, custom harvester, livestock feeder, or agri-chemical business in a job requiring the operation of a commercial motor vehicle.

D. Such seasonal restricted license shall entitle the licensee to drive a commercial motor vehicle of the class and type designated on the license, but shall not authorize operation of a Class A vehicle.

E. Such seasonal restricted license shall authorize operation of a commercial motor vehicle only during the seasonal period or periods prescribed by the Commissioner and stated on the license, provided the total number of calendar days in any twelve-month period for which the seasonal restricted license authorizes operation of a commercial motor vehicle shall not exceed 180. The license is valid for operation of a commercial motor vehicle during the seasonal period or periods for which it has been validated and must be revalidated annually by the Department for each successive seasonal period or periods for which commercial vehicle operation is sought; such license shall authorize operation of noncommercial motor vehicles at any time, unless it has been suspended, revoked, or canceled, or has expired.

F. Such seasonal restricted license shall not authorize operation of a commercial motor vehicle during any period during which the licensee is not employed by an entity described in subdivision B hereof, nor if such operation is not directly related to such employment.

G. Such seasonal restricted license shall not authorize the licensee to operate any vehicle transporting hazardous materials as defined in this article, except that a seasonal restricted licensee may drive a vehicle transporting:

1. Diesel fuel in quantities of 1,000 gallons or less;

2. Liquid fertilizers to be used as plant nutrients, in a vehicle or implement of husbandry with a total capacity of 3,000 gallons or less; or

3. Solid plant nutrients that are not transported with any organic substance.

H. Such seasonal restricted license shall authorize the operation of a commercial motor vehicle only within 150 miles of the place of business of the licensee's employer or the farm being served.

1993, c. 70.