[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR383.75]

[Page 978]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 383_COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
--Table of Contents
 
               Subpart E_Testing and Licensing Procedures
 
Sec. 383.75  Third party testing.

    (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:
    (1) The tests given by the third party are the same as those which 
would otherwise be given by the State; and
    (2) The third party as an agreement with the State containing, at a 
minimum, provisions that:
    (i) Allow the FMCSA, or its representative, and the State to conduct 
random examinations, inspections and audits without prior notice;
    (ii) Require the State to conduct on-site inspections at least 
annually;
    (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;
    (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
    (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.