§ 383.75 Third party testing.
Wording in the annual edition revised as of Oct. 1, 2011, superseded by the 2013 annual edition.
(a) Third party tests. A State may authorize a personthird (includingparty anothertester State, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of a local government) to administer the skills tests as specified in subparts G and H of this part, if the following conditions are met:
(1) The skills tests given by the third party are the same as those whichthat would otherwise be given by the State; using the same version of the skills tests, the same written instructions for test applicants, and the same scoring sheets as those prescribed in subparts G and H of this part;
(2) The State must conduct an on-site inspection of each third party astester anat agreementleast once every 2 years, with a focus on examiners with irregular results such as unusually high or low pass/fail rates;
(3) The State must issue the third party tester a CDL skills testing certificate upon the execution of a third party skills testing agreement.
(4) The State containingmust issue each third party CDL skills test examiner a skills testing certificate upon successful completion of a formal skills test examiner training course prescribed in § 384.228.
(5) The State must, at aleast minimumonce every 2 years, provisionsdo thatone of the following for each third party examiner:
(i) AllowHave State employees covertly take the FMCSA,tests oradministered itsby representative,the andthird party as if the State toemployee conductwere randoma examinations,test inspectionsapplicant;
(ii) andHave auditsState withoutemployees priorco-score noticealong with the third party examiner during CDL skills tests to compare pass/fail results; or
(iiiii) RequireRe-test a sample of drivers who were examined by the third party to compare pass/fail results;
(6) The State must take prompt and appropriate remedial action against a third party tester that fails to conductcomply on-sitewith inspectionsState ator leastFederal annuallystandards for the CDL testing program, or with any other terms of the third party contract;
(iii7) RequireA skills tester that allis also a driver training school is prohibited from administering a skills test to an applicant who was trained by that training school. Exception: When the nearest alternative third party examinerstester meetor State skills testing facility is over 50 miles from the sametraining qualificationschool, andthe SDLA may allow the training standardsschool asto skills test the applicant it trained provided the individual skills test examiner did not train the applicant; and
(8) The State examinershas an agreement with the third party containing, toat a minimum, provisions that:
(i) Allow the extentFMCSA, necessaryor its representative, and the State to conduct skillsrandom testsexaminations, ininspections, complianceand withaudits subpartsof Gits records, facilities, and Hoperations without prior notice;
(ivii) Require that, atall leastthird onparty anskills annualtest basis,examiners meet the qualification and training standards of § 384.228;
(iii) Allow the State to do any of the following:
(A) Have State employees covertly take the tests actually administered by the third party as if the State employee were a test applicant,;
(B) Have State employees co-score along with the third party examiner during CDL skills tests to compare pass/fail results; or
(C) thatHave Statesthe State re-test a sample of drivers who were examined by the third party to compare pass/fail results; and
(viv) Reserve unto the State the right to take prompt and appropriate remedial action against thea third- party testerstester in the event that the third-party fails to comply with State or Federal standards for the CDL testing program, or with any other terms of the third- party contract.;
(bv) ProofRequire the third party tester to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing byfor applicants for a CDL.
(vi) Require the third party. Atester driverto applicantuse only CDL skills examiners who takeshave successfully completed a formal CDL skills test examiner training course as prescribed by the State and passeshave drivingbeen certified by the State as a CDL skills examiner qualified to administer CDL skills tests;
(vii) administeredRequire the third party tester to use designated road test routes that have been approved by anthe authorizedState;
(viii) Require the third party shalltester provideto evidencesubmit a schedule of CDL skills testing appointments to the State no later than two business days prior to each test; and
(ix) Require the third party tester to maintain copies of the following records at its principal place of business:
(A) A copy of the State certificate authorizing the third party tester to administer a CDL skills testing program for the classes and types of commercial motor vehicles listed;
(B) A copy of each third party examiner's State certificate authorizing the third party examiner to administer CDL skills tests for the classes and types of commercial motor vehicles listed;
(C) A copy of the current third party agreement;
(D) A copy of each completed CDL skills test scoring sheet for the current year and the past two calendar years;
(E) A copy of the third party tester's State-approved road test route(s); and
(F) A copy of each third party examiner's training record.
(b) Proof of testing by a third party. The third party tester must notify the State driver licensing agency thatthrough he/shesecure haselectronic successfullymeans passedwhen thea drivingdriver applicant passes skills tests administered by the third party tester.
(c) Minimum number of tests conducted.
The State must revoke the skills testing certification of any examiner who does not conduct skills test examinations of at least 10 different applicants per calendar year. Exception: Examiners who do not meet the 10-test minimum must either take the refresher training specified in § 384.228 of this chapter or have a State examiner ride along to observe the third party examiner successfully administer at least one skills test.
[76 FR 26886, May 9, 2011]
(a) Third party tests. A State may authorize a third party tester to administer the skills tests as specified in subparts G and H of this part, if the following conditions are met:
(1) The skills tests given by the third party are the same as those that would otherwise be given by the State using the same version of the skills tests, the same written instructions for test applicants, and the same scoring sheets as those prescribed in subparts G and H of this part;
(2) The State must conduct an on-site inspection of each third party tester at least once every 2 years, with a focus on examiners with irregular results such as unusually high or low pass/fail rates;
(3) The State must issue the third party tester a CDL skills testing certificate upon the execution of a third party skills testing agreement.
(4) The State must issue each third party CDL skills test examiner a skills testing certificate upon successful completion of a formal skills test examiner training course prescribed in § 384.228.
(5) The State must, at least once every 2 years, do one of the following for each third party examiner:
(i) Have State employees covertly take the tests administered by the third party as if the State employee were a test applicant;
(ii) Have State employees co-score along with the third party examiner during CDL skills tests to compare pass/fail results; or
(iii) Re-test a sample of drivers who were examined by the third party to compare pass/fail results;
(6) The State must take prompt and appropriate remedial action against a third party tester that fails to comply with State or Federal standards for the CDL testing program, or with any other terms of the third party contract;
(7) A skills tester that is also a driver training school is prohibited from administering a skills test to an applicant who was trained by that training school. Exception: When the nearest alternative third party tester or State skills testing facility is over 50 miles from the training school, the SDLA may allow the training school to skills test the applicant it trained provided the individual skills test examiner did not train the applicant; and
(8) The State has an agreement with the third party containing, at a minimum, provisions that:
(i) Allow the FMCSA, or its representative, and the State to conduct random examinations, inspections, and audits of its records, facilities, and operations without prior notice;
(ii) Require that all third party skills test examiners meet the qualification and training standards of § 384.228;
(iii) Allow the State to do any of the following:
(A) Have State employees covertly take the tests administered by the third party as if the State employee were a test applicant;
(B) Have State employees co-score along with the third party examiner during CDL skills tests to compare pass/fail results; or
(C) Have the State re-test a sample of drivers who were examined by the third party;
(iv) Reserve unto the State the right to take prompt and appropriate remedial action against a third party tester that fails to comply with State or Federal standards for the CDL testing program, or with any other terms of the third party contract;
(v) Require the third party tester to initiate and maintain a bond in an amount determined by the State to be sufficient to pay for re-testing drivers in the event that the third party or one or more of its examiners is involved in fraudulent activities related to conducting skills testing for applicants for a CDL.
(vi) Require the third party tester to use only CDL skills examiners who have successfully completed a formal CDL skills test examiner training course as prescribed by the State and have been certified by the State as a CDL skills examiner qualified to administer CDL skills tests;
(vii) Require the third party tester to use designated road test routes that have been approved by the State;
(viii) Require the third party tester to submit a schedule of CDL skills testing appointments to the State no later than two business days prior to each test; and
(ix) Require the third party tester to maintain copies of the following records at its principal place of business:
(A) A copy of the State certificate authorizing the third party tester to administer a CDL skills testing program for the classes and types of commercial motor vehicles listed;
(B) A copy of each third party examiner's State certificate authorizing the third party examiner to administer CDL skills tests for the classes and types of commercial motor vehicles listed;
(C) A copy of the current third party agreement;
(D) A copy of each completed CDL skills test scoring sheet for the current year and the past two calendar years;
(E) A copy of the third party tester's State-approved road test route(s); and
(F) A copy of each third party examiner's training record.
(b) Proof of testing by a third party. The third party tester must notify the State driver licensing agency through secure electronic means when a driver applicant passes skills tests administered by the third party tester.
(c) Minimum number of tests conducted.
The State must revoke the skills testing certification of any examiner who does not conduct skills test examinations of at least 10 different applicants per calendar year. Exception: Examiners who do not meet the 10-test minimum must either take the refresher training specified in § 384.228 of this chapter or have a State examiner ride along to observe the third party examiner successfully administer at least one skills test.
[76 FR 26886, May 9, 2011]
Amendment history
6 distinct wordings on file since Oct. 1, 1996- [76 FR 26886, May 9, 2011, as amended at 78 FR 17881, Mar. 25, 2013; 88 FR 80181, Nov. 17, 2023]
- [76 FR 26886, May 9, 2011, as amended at 78 FR 17881, Mar. 25, 2013; 88 FR 80181, Nov. 17, 2023]
- [76 FR 26886, May 9, 2011, as amended at 78 FR 17881, Mar. 25, 2013]
- [76 FR 26886, May 9, 2011]
- Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.