(a) Third party tests. A State may
authorize a person (including another 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:
(a)(1) The tests given by the third party
are the same as those which would otherwise by given by the State; and
(a)(2) The third party as an agreement with
the State containing, at a minimum, provisions that:
(a)(2)(i) Allow the FMCSA, or its
representative, and the State to conduct random examinations, inspections and
audits without prior notice;
(a)(2)(ii) Require the State to conduct
on site inspections at least annually;
(a)(2)(iii) Require that all third
party examiners meet the same qualification and training standards as State
examiners, to the extent necessary to conduct skills tests in compliance with
Subparts G and H;
(a)(2)(iv) Require that, at least on an
annual basis, State employees take the tests actually administered by the third
party as if the State employee were a test applicant, or that States test a
sample of drivers who were examined by the third party to compare pass/fail
results; and
(a)(2)(v) Reserve unto the State the
right to take prompt and appropriate remedial action against the third party
testers 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.
(b) Proof of testing by a third party. A
driver applicant who takes and passes driving tests administered by an authorized
third party shall provide evidence to the State licensing agency that he/she
has successfully passed the driving tests administered by the third party.
[66 FR 49872, Oct. 1, 2001]