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Rule R708-21. Third-Party Testing.

As in effect on May 1, 2012

Table of Contents

• R708-21-1. Definitions.
• R708-21-2. Authority and Purpose.
• R708-21-3. Standards and Procedures.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R708-21-1. Definitions.

"Agreement" means a written agreement between the state and a third-party tester agreeing to conditions contained therein.

"Department" means the Department of Public Safety.

"Division" means the Driver License Division.

"Third-party tester" means a person, an agency of this or another state, an employer, a private driver training facility or other private institution, or a department, agency, or entity of local government with whom the state has an agreement to administer skills tests to commercial drivers.

R708-21-2. Authority and Purpose.

A. This rule is authorized by Sections 53-3-213 and 53-3-407, and 49 Part 383.75 of the Code of Federal Regulations.

B. The purpose of this rule is to establish standards and procedures for third-party testers who enter into an agreement with the state to administer skills tests to commercial drivers.

R708-21-3. Standards and Procedures.

A. Application for third-party tester certification.

1. Application for an original or renewal certification shall be made on a form furnished by the division, and shall include the following:

a. Name of third-party tester.

b. Address of third-party tester.

c. Names of all third-party examiners.

d. Addresses of all testing sites.

e. Third-party agreement.

2. Upon receipt of the application, the division shall schedule an inspection of the third-party tester to determine eligibility, establish test routes, schedule instruction and provide forms.

3. When certified, the third-party tester and all authorized examiners shall be placed on a list which is provided to all state commercial driver license examining stations. A formal letter of certification will be mailed to the third-party tester containing an assigned number to be used on official documents and the expiration date of the certification.

4. Certification shall be for a period of one year. No later than one month prior to expiration of certification, the third-party tester may submit a renewal application to the division which is the same process as applying for an original certification.

B. Agreement - The third-party tester is required to enter into a written agreement with the state to conduct skills tests as required by Federal regulation established in 49 C.F.R. part 383. The agreement must contain provisions that:

1. Allow the Federal Highway Administration or its representative, and/or the division to conduct random examinations, inspections, and audits without prior notice during normal business hours.

2. Allow the division to conduct on-site inspections annually or when deemed necessary by the division.

3. Require that all third-party examiners receive training approved by the division that will allow them to conduct skills tests that are in compliance with Federal minimum standards.

4. Require, at least on an annual basis, that check rides be made by division representatives.

5. The tests given by the third party are the same as those which would otherwise be given by the state.

C. Requirements for third-party testers.

1. To be certified, a third-party tester shall:

a. Make application to and enter into an agreement with the division as provided in Section B of these rules.

b. Maintain a place of business with at least one permanent regularly occupied structure within the state.

c. Ensure place of business is safe and meets all requirements of state law and local ordinances.

d. Have at least one qualified and approved third-party examiner in their employ.

e. Not engage the service of an employee of the division as an examiner, agent, or employee.

D. Inspection and audit process.

1. During inspections a person designated by the third-party tester shall cooperate with the division or Federal representative in performing on-site inspections. On-site inspections shall at a minimum consist of:

a. Verifying third-party examiner requirements as prescribed in section G of this rule.

b. Examination of commercial driver records.

(1) The third-party tester must maintain accurate driver testing records and must be able to furnish them upon request.

(2) These records must be kept for at least four years. All record forms used by the third-party tester shall be approved or furnished by the division.

c. Verifying test routes and procedures for skills testing compliance.

d. Reviewing any other items the division deems necessary to assure that requirements of certification are met.

2. Check rides may be made by any designated division representative to verify compliance with state and Federal minimum testing standards. Check rides by the division may consist of:

a. A division employee taking the skills test as administered by the third-party tester as if such employee was a test applicant.

b. The division administering the skills test to a sample of drivers who were previously examined by the third-party tester to determine if the check ride results are consistent with the third-party tester results.

c. The division administering the skills tests to a third-party testing examiner to verify examiner skills and compliance with state and Federal minimum testing standards.

3. A division representative shall prepare a written report of all inspections, check rides and audits. A copy shall be submitted to the third-party tester and a copy retained by the division.

E. Skill test administration.

1. Skills tests shall be conducted strictly in accordance with the provisions of these requirements and with current test instructions provided by the division. Such instructions may include information on skill test content, route selection/revision, test forms, examiner procedures, and administrative procedures and/or changes.

2. Tests shall be conducted:

a. On test routes approved by the division.

b. In a vehicle that is representative of the class and type of vehicle for which the CDL applicant seeks to be licensed and for which the third-party examiner is qualified to test.

c. Using division approved content, forms and scoring procedures.

F. Certificate of Driver Competency.

1. The division shall supply an official Certificate of Driver Competency form to authorized third- party testers for their use when verifying driving competency and successful skills test completion as required by state and Federal minimum standards.

2. The division upon receipt of the Certificate of Driver Competency form from an approved third- party tester shall waive the skills portion of the application.

3. The certificate shall include the following information:

a. Applicant's name.

b. Applicant's social security number.

c. Description of vehicle in which test was taken.

d. Class of license, restriction and/or endorsement tested for.

e. Authorized third-party examiner signature.

f. Authorized third-party tester name and assigned number.

4. All authorized third-party examiners shall be required to sign a signature card which shall be kept on file by the division for signature verification.

5. Drivers shall submit the Certificate of Driver Competency form to the division within 90 days of the date of the skills test.

G. Third-party examiner requirements.

1. Third-party examiners who are authorized by the division to administer skills test shall:

a. Receive training approved by the division. Third-party examiners need to be aware that any training they receive from private or other organizations may require a training fee. Upon completion of training, third- party examiners shall be issued a certificate of completion.

b. Test and certify only those commercial driver license classes, endorsements, and restrictions that have been approved by the division.

c. Hold a valid driver license with no suspensions, revocations, cancellations or disqualifications within one year prior to application.

d. Conduct skills tests on behalf of only one third-party tester at any given time.

H. Denial, suspension, or cancellation of certification.

1. The division shall deny any application for a third-party tester or examiner certification, if the applicant does not qualify for the certification under provisions of these rules. Misstatements or misrepresentation may be grounds for denying a certification.

2. The division shall cancel the certification of any third-party tester or examiner upon the following grounds.

a. Failure to comply with or satisfy any of the provisions of these rules, the division's instructions or the third-party tester agreement.

b. Falsification of any records or information relating to the third-party testing program.

c. Commission of any act which compromises the integrity of the third-party testing program.

d. Failure to notify the division within ten days of any changes in examining personnel or testing locations.

e. A third-party examiner whose driver license is suspended, revoked, canceled, or disqualified.

3. A cancellation of a third-party tester or examiner certification shall be for the following lengths of time:

a. First infraction shall result in a warning from the division and an indefinite suspension of certification until the division is satisfied that the third-party tester will meet the requirements of this rule.

b. Second infraction of this rule arising from separate incidents shall result in a one year cancellation of certification.

c. Third infraction of this rule arising from separate incidents shall result in a five year cancellation of certification.

4. When a certification is canceled, the third-party may request a hearing before a designated department representative. The hearing shall consist of a finding of whether the alleged infraction(s) occurred and based upon these findings, whether the cancellation of certification should be rescinded or affirmed.

5. Reinstatement following cancellation shall consist of the third-party tester providing proof of compliance and making application for new certification.

I. Advertising.

1. No advertisement shall indicate in any way that a program can issue or guarantee the issuance of a commercial driver's license, or imply that the program can in any way influence the division in the issuance of commercial driver's license or imply that preferential or advantageous treatment from the department can be obtained.

2. No examiner, employee, or agent of a third-party tester shall be permitted to advertise or solicit business or cause business to be solicited in its behalf or display or distribute any advertising material within 1500 feet of a location rented, leased, or owned by the department.

KEY

training programs, driver education

Date of Enactment or Last Substantive Amendment

1992

Notice of Continuation

January 20, 2012

Authorizing, Implemented, or Interpreted Law

53-3-213; 53-3-407