[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR383.75]



[Page 194]

 

                        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.