1 Colo. Code Regs. § 204-30-7

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 1 CCR 204-30-7 - RULES AND REGULATIONS FOR THE COMMERCIAL DRIVER'S LICENSE (CDL) PROGRAM

A.BASIS, PURPOSE, AND STATUTORY AUTHORITY

1) The Department is authorized to adopt rules and regulations as necessary for the Commercial Driver's License Program in accordance with sections 24-4-103, 42-2-111(1)(b), 42-2-114.5, 42 -2- 403, 42-2-406 (3 through 7), and 42-2-407(8), C.R.S.

2) The purpose of these rules is to promote the safety and welfare of the citizens of Colorado by establishing standards and requirements for licensing commercial driver's license testing units and testers, to establish fees for such licensing and maximum fees that may be charged by such testing units, to establish certain procedures and standards for issuing and possessing commercial driver's licenses, and to ensure compliance with state and federal requirements.

B.INCORPORATION BY REFERENCE OF FEDERAL LAW AND OTHER RULES

1) Adoption: The Department incorporates by reference the Federal Motor Carrier Safety Regulations ("FMCSR"), 49 CFR parts 171, 172, and 300-399, Qualifications and Disqualification of Drivers, 42 CFR part 73, 49 U.S.C. Section 5103, 49 U.S.C. Section 31310, and the Colorado Department of Public Safety, Colorado State Patrol, Rules and Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles at 8 CCR 1507.1. Material incorporated by reference in this rule does not include later amendments to or editions of the incorporated material.

2) "49 CFR", when referenced in this rule, means the Federal Regulations published in the Code of Federal Regulations ("CFR"), Title 49, parts 171, 172, and 300-399 (February, 2022) by the National Archives and Records Administration's Office of the Federal Register and Government Publishing Office, and available at the original issuing agencies the Federal Motor Carrier Safety Administration and Pipeline and Hazardous Materials Safety Administration, both located at 1200 New Jersey Avenue SE, Washington, D.C., 20590. "42 CFR", when referenced in this rule, means the Federal Regulations published in the Code of Federal Regulations ("CFR"), Title 42, part 73 by the National Archives and Records Administration's Office of the Federal Register and Government Publishing Office, and available at the original issuing agencies the Federal Motor Carrier Safety Administration and Pipeline and Hazardous Materials Safety Administration, both located at 1200 New Jersey Avenue SE, Washington, D.C., 20590. 49 U.S.C. Sections 5103 and 31310, when referenced in this rule, means the United States Code, and are available at the U.S. Department of Transportation, located at 1200 New Jersey Avenue, SE, Washington, DC 20590. Rules and Regulations referenced or incorporated in this rule concerning minimum standards for the operation of commercial vehicles, 8 CCR 1507.1, are available at the original issuing agency headquarters, Colorado Department of Public Safety, Colorado State Patrol, Central Records Unit, 700 Kipling Street, Lakewood, CO 80214. The Federal statutes and State and Federal regulations referenced or incorporated in this rule are on file and available for inspection by contacting the Driver License Section of the Department of Revenue in person at, 1881 Pierce Street, Room 128, Lakewood, Colorado, 80214, or by telephone at 303-205-5600, and copies of the materials may be examined at any state publication depository library.

C.DEFINITIONS

1) AAMVA: American Association of Motor Vehicle Administrators is a voluntary, nonprofit, tax exempt, educational unit that represents state and provincial officials in the United States and Canada who administer and enforce motor vehicle laws CODE OF COLORADO REGULATIONS 1 CCR 204-30 Division of Motor Vehicles.

2) CDL: "Commercial Driver's License" as defined in section 42-2-402(1), C.R.S.

3) CDL Compliance Unit: The administrative unit contained within the Department charged with the oversight and regulation of CDL third-party testing units and testers on AAMVA's CDL skills testing.

4) CDL Passenger Vehicle: A passenger vehicle designed to transport 16 or more passengers, including the driver.

5) CDL skills Test: "Driving tests" as referenced in section 42-2-402, C.R.S. and consists of the Vehicle Inspection, Basic Control skills, and the Road Test.

6) CDL Vehicle Class: A group or type of vehicle with certain operating characteristics.

a) Class A: Any combination of vehicles which has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more) whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,001 pounds) whichever is greater.

b) Class B: Any single vehicle which has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), or any such vehicle towing a vehicle with a gross vehicle weight rating or gross vehicle weight that does not exceed 4,536 kilograms (10,001 pounds).

c) Class C: Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is transporting material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or is transporting any quantity of a material listed as a select agent or toxin in 42 CFR part 73.

7) CLP - Commercial Learner's Permit: The permit issued by the Department entitling the driver, while having such permit in his/her immediate possession, to drive a commercial motor vehicle of certain classes and/or endorsement(s), and/or restriction(s) upon the highways with a driver that possesses a CDL with the same class and/or endorsements or higher, as the CLP holder.

8) CMV: "Commercial Motor Vehicle" as defined in section 42-2-402(4), C.R.S.

9) C.R.S.: Colorado Revised Statutes.

10) CSTIMS - Commercial Skills Test Information Management System: Web-based system used by states to manage the CDL skills test portion of the CDL licensing process.

11) Disqualifications: The suspension, revocation, cancellation, or any other withdrawal by the Department of a person's privilege to drive a CMV or a determination by the FMCSA under the rules of practice for motor carrier safety contained in 49 CFR, that a person is no longer qualified to operate a CMV under 49 CFR; or the loss of qualification that automatically follows conviction of an offense listed in 49 CFR.

12) Designed to Transport: The manufacturer's original rated capacity for the vehicle.

13) Drug and Alcohol Clearinghouse: is a secure online database that is owned and operated by the Federal Motor Carrier Safety Administration (FMCSA). The clearinghouse gives State Driver Licensing Agencies (SDLAs), State law enforcement, FMCSA, and employers of CDL drivers information about commercial driver drug and alcohol program violations, both prohibited status and return to duty status.

14) ELDT: Entry Level Driver Training - FMCSA's Entry Level Driver Training (ELDT) regulations set the baseline for training requirements for entry-level drivers. This includes those applying to obtain a Class A or Class B CDL for the first time, upgrade an existing Class B CDL to a Class A CDL or obtain a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time or if more than 10 years of non-CDL possession, refresher training is required from a registered training provider in the TPR.

15) Endorsements: The letter indicators below added to a CDL and/or CLP indicate successful completion of the appropriate knowledge, and if applicable, the CDL skills test, and allow the operation of a special configuration of vehicle(s):

a) 3 = Three-wheel motorcycle (not allowed on a CLP per 49 CFR)

b) H = Hazardous materials (Not allowed on a CLP per 49 CFR)

c) M = Motorcycle (not allowed on a CLP per 49 CFR)

d) N = Tank vehicles

e) P = CDL Passenger vehicle

f) S = School buses

g) T = Double/triple trailers (not allowed on a CLP per 49 CFR)

h) X = Combination of tank vehicle and hazardous materials (Not allowed on a CLP per 49 CFR)

16) Exemptions: Regulatory relief given to a person or class of persons normally subject to regulations.

17) FMCSA: Federal Motor Carrier Safety Administration is an agency within the USDOT.

18) FMCSR: Federal Motor Carrier Safety Regulations (49 CFR).

19) GCWR: Gross Combination Weight Rating is the value specified by the manufacturer as the maximum loaded weight of the combination vehicle.

20) Government agency: A state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract cooperation only between or among the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof.

21) Intrastate Driver: A driver with a CDL restricted to operating a CMV within the boundaries of Colorado, and not authorized to transport items of interstate commerce or hazardous materials.

22) Interstate Commerce: Trade, traffic, or transportation in the United States between a place in a state and a place outside of such state (including a place outside of the United States), or between two places in a state through another state or a place outside of the United States, or between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.

23) Interstate Driver: A CDL holder authorized to cross state lines and transport interstate commerce while operating a CMV.

24) Intrastate Commerce: Trade, traffic, or transportation in any state that is not described in the term "interstate commerce".

25) Knowledge Test: A written test that meets the federal standards contained in 49 CFR.

26) Modified Testing: A modified test is a skills tests that is required for a specific subject or skill set in a representative vehicle with certain provisions.

27) Non-Profit: An organization filing with the United States Code 26 USC Section 501(c).

28) Paved Area: A paved area is a surface made up of materials and adhesive compounds of sufficient depth and strength that the area provides a durable, solid, smooth surface upon which an applicant may demonstrate basic vehicle control skills.

29) Prohibited Status: Information from the Drug and Alcohol Clearinghouse indicating that CLP or CDL holders or applicants may not lawfully operate a CMV because they violated the drug and alcohol use and testing prohibitions in 49 CFR part 382, subpart B.

30) Public Transportation Entity: A mass transit district or mass transit authority authorized under the laws of this state to provide transportation services to the general public.

31) Restrictions: Prohibits the operation of certain types of vehicles or restricts operating a CMV to within designated boundaries:

a) E = No Manual Transmission

b) K = Intrastate only

c) L = No Air Brake equipped CMV

d) M = No Class A Passenger Vehicle

e) N = No Class A and B Passenger Vehicle

f) O = No Tractor-Trailer

g) P = No Passenger

h) X = No Liquid in Tank

i) V = Medical Variance (49 CFR)

j) Z = Restricted from operating a CMV with full air brakes

32) Self-Certification Choice:

a) Non-excepted interstate. A person's certification that he or she operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 CFR and is required to be medically examined and certified pursuant to 49 CFR.

b) Excepted interstate. A person's certification must certify that he or she operates or expects to operate in interstate commerce but engages exclusively in transportation or operations excepted under 49 CFR from all or parts of the qualification requirements of 49 CFR and is therefore not required to be medically examined and certified pursuant to 49 CFR.

c) Non-excepted intrastate. A person's certification that he or she operates only in intrastate commerce and therefore is subject to Colorado driver qualification requirements.

d) Excepted intrastate. A person's certification must certify that he or she operates in intrastate commerce but engages exclusively in transportation or operations excepted from all or parts of the Colorado driver qualification requirements.

33) Shadow Skills Test: Administered skills tests required of the new examiner candidate.

34) TPR: Training Provider Registry - The Training Provider Registry supports FMCSA's goal of ensuring that only qualified drivers are behind the wheel of commercial motor vehicles (CMVs). The Registry will connect entry-level drivers with training providers who can equip them with the knowledge to safely operate CMVs for which a commercial learner's permit (CLP) or commercial driver's license (CDL) is required.

35) USDOT: United States Department of Transportation.

D.DRIVER LICENSING REQUIREMENTS

1) Each applicant applying for a CDL or CLP must be a resident of Colorado, at least 18 years of age, and comply with the testing and licensing requirements of the Department.

a) The CDL and CLP will indicate the class of license, any endorsements, and any restrictions for that individual. The CDL is valid for the operation of a non-CMV including a motorcycle with the appropriate motorcycle endorsement on the license.

b) A Colorado CDL may be issued upon surrender of a valid CDL from another state without additional testing except that an applicant must test for a hazardous material endorsement.

c) An applicant with an out-of-state CLP cannot transfer that CLP to Colorado but must apply for a Colorado CLP and take all applicable CDL knowledge tests (49 CFR).

2) Each applicant applying is required to make one of the following applicable self-certifications for the type of commercial driving the individual intends to do (49 CFR):

a) Non-excepted interstate.

b) Excepted interstate.

c) Non-excepted intrastate.

d) Excepted intrastate.

3) Each applicant must meet the medical and physical qualifications under 49 CFR. Each applicant must have a valid medical examiner's certificate on file with the DMV and in their possession at all times during training and at the time of testing and, if applicable, any federal variance or state medical waiver or skills performance evaluation to a driver license office (49 CFR).

4) Each initial applicant for a Class A CDL who has attended a commercial driving school certified for approval by the Private Occupational Schools Division of the Department of Higher Education must affirm on an affidavit provided by the Department, to the testing unit that the initial applicant successfully passed training on the recognition, prevention, and reporting of human trafficking prior to taking the CDL skills test.

5) Effective February 7, 2022, each applicant must complete ELDT prior to taking any applicable skills or knowledge tests including those applying to:

a) Obtain a Class A or Class B CDL for the first time or if more than (10) years has passed since they held a CDL;

b) Upgrade an existing Class B CDL to a Class A CDL; or

c) Obtain a school bus (S), passenger (P), or hazardous materials (H) endorsement for the first time or if more than (10) years has passed since they held the respective endorsement.

The ELDT regulations are not retroactive; the entry-level driver training requirements do not apply to individuals holding a valid CDL or an S, P, or H endorsement issued prior to February 7, 2022. If an applicant who obtains a CLP prior to February 7, 2022, obtains a CDL before the CLP or renewed CLP expires, the applicant is not subject to the ELDT requirements. Any individual who meets one of the exceptions for taking a skills test in 49 CFR part 383 is also exempt from the ELDT requirements.

6) Each applicant must be queried through the Drug and Alcohol Clearinghouse prior to issuing, renewing, transferring, or upgrading a CDL or issuing, renewing, or upgrading a CLP. Any applicant found to be in a "prohibited" status within the Drug and Alcohol Clearinghouse will be denied issuance of a CDL or CLP.

E.ENDORSEMENTS

1) T-Double/Triple Trailers: Required to operate a CMV used for drawing two or more vehicles or trailers with a GCWR that is 26,001 lbs. or more and combined GVWR of the vehicles being towed is more than 10,001 lbs.

2) P-Passenger: Required to operate a vehicle designed by the manufacturer to transport 16 or more passengers, including the driver.

3) N-Tank Vehicles: Required to operate a vehicle that hauls liquid or liquid gas in a permanently mounted cargo tank rated at 119 gallons or more or a portable tank rated at 1,000 gallons or more.

4) H-Hazardous Materials: Required to transport materials that require the motor vehicle to display a placard pursuant to the hazardous materials regulations.

5) S-School Buses: Required to operate a school bus as defined in section 42-1-102(88), C.R.S.

6) X-Combination Tank/Hazmat: Required to operate vehicles that meet the definition of (3) and (4) above.

F.RESTRICTIONS

1) Intrastate: The letter "K" is added to the CDL of a driver between the ages of 18 through 20, to an individual who has been issued a valid medical waiver from the Colorado State Patrol (8 CCR 1507-1) or who self- certifies to excepted or not excepted intrastate driving (49 CFR). Under this CDL restriction, the driver must not:

a) Operate a CMV outside Colorado state boundaries; or

b) Transport interstate commerce as defined in 49 CFR.

The waiver from Colorado State Patrol is valid only while the driver is transporting commodities other than bulk hazardous materials, as defined in 49 CFR or commodities with a hazard class identified in 49 CFR, or commodities subject to the "Poison by Inhalation Hazard" shipping description in 49 CFR.

2) Air brake: The letter "L" is added to the CDL/CLP of an individual restricted from operating vehicles equipped with air brakes.

a) An individual may apply for removal of the "L" restriction after having successfully completed the air brake knowledge test and the CDL skills test in a vehicle equipped with air brakes that is representative of the CDL vehicle class. A modified test is also an option for this restriction removal. The vehicle inspection and road test segments must be successfully completed in a representative vehicle.

b) When taking the CDL skills test in a vehicle equipped with air brakes, the applicant must have in his/her immediate possession a CLP without the "L" restriction.

3) Transmission: The letter "E" is added to the CDL of an individual restricted from operating vehicles equipped with a standard transmission.

a) An individual may apply for removal of the "E" restriction after having successfully completed the CDL skills test in a vehicle equipped with a standard transmission that is representative of the CDL vehicle class. A modified test is also an option for this restriction removal. The vehicle inspection and road test segments must be successfully completed in a representative vehicle.

b) When taking the CDL skills test in a vehicle equipped with a standard transmission, the applicant must have in his/her immediate possession a CLP without the "E" restriction.

4) Class B Bus: The letter "M" is added to the CDL of an individual restricted from operating a Class A Passenger vehicle (49 CFR).

5) Class C Bus: The letter "N" is added to the CDL of an individual restricted from operating a Class B Passenger vehicle (49 CFR).

a) An individual may apply for removal of the "N" restriction after having successfully completed the CDL skills test in a Class B Passenger vehicle.

b) Before taking the CDL skills test in a Class B Passenger vehicle, the applicant must have in his/her immediate possession a CLP without the "N" restriction.

6) No Tractor-Trailer: The letter "O" is added to the CDL of an individual restricted from operating a vehicle equipped with a 5th wheel type coupling system (49 CFR).

a) An individual may apply for removal of the "O" restriction after having completed the CDL skills test in a tractor/semi-trailer combination vehicle equipped with a 5th wheel type coupling system. There are no modified skills tests for this restriction removal. Applicants must take the full CDL skills test.

b) When taking the CDL skills test in a tractor/semi-trailer combination vehicle equipped with a 5th wheel type coupling system, the applicant must have in his/her immediate possession a CLP without the "O" restriction.

7) No Passengers: The letter "P" is added to the CLP of an individual restricted from operating a Passenger vehicle with passengers.

a) The "P" restriction is removed by successfully completing the CDL skills test in a Passenger vehicle.

8) No Cargo in a Tank Vehicle: The letter "X" is added to the CLP of an individual restricted from operating a Tank vehicle containing liquid or gas.

a) An individual may apply to have the "X" restriction removed after having successfully completed the CDL skills test.

9) Medical, Variance/skills Performance Evaluation: The letter "V" will be added to any CLP or CDL for individuals who have been issued a federal medical variance (49 CFR).

10) Air brake: The letter "Z" is added to the CDL/CLP of an individual restricted from operating vehicles equipped with full air brakes.

a) The "Z" restriction is removed by successfully completing the air brake knowledge test and the CDL skills test in a vehicle equipped with air brakes that is representative of the CDL vehicle class. There are no modified skills tests for this restriction removal. Applicants must take the full CDL skills test.

b) When taking the CDL skills test in a vehicle equipped with air brakes, the applicant must have in his/her immediate possession a CLP without the "Z" restriction.

G.EXEMPTIONS

1) FMCSR 49 CFR Applicability: Authorizes the state to grant certain groups exceptions from the CDL requirements.

a) FMCSR - 49 CFR: Exception for individuals who operate CMVs for military purposes.

b) FMCSR - 49 CFR: Exception for operators of farm vehicles, as defined at section 42-2- 402(4)(b)(III), C.R.S. and firefighters and other persons who operate CMVs that are necessary to the preservation of life or property, or the execution of emergency governmental functions, or that are equipped with audible and visual signals and are not subject to normal traffic regulation.

c) FMCSR - 49 CFR: Exception for drivers employed by an eligible unit of local government, operating a commercial motor vehicle within the boundaries of that unit for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting, if the properly licensed employee who ordinarily operates a commercial motor vehicle for these purposes is unable to operate the vehicle or if the employing governmental entity determines that a snow or ice emergency exists that requires additional assistance.

d) FMCSR - 49 CFR: Restricted CDL for certain drivers in farm-related service industries.

2) FMCSR 49 CFR specifies the exceptions to the physical qualifications for individuals engaged in custom harvesting operations.

H. DRIVER LICENSE DISQUALIFICATIONS AND DOWNGRADES

1) Notification of "prohibited" status in the Drug and Alcohol Clearinghouse.

a) If a CLP or CDL holder or any driver who is required to hold a CLP or CDL, becomes listed as "prohibited" in the Drug and Alcohol Clearinghouse, the CDL or CLP status must be downgraded within 60 days of the notification of "prohibited" status. The CDL status will be downgraded to "eligible" on the driver's record. A downgrade removes the CLP or CDL privilege from the driver's license (for more details see § 383.5).

2) Disqualification for Major Traffic Offenses.

a) Any driver who holds or is required to hold a CDL or CLP is subject to disqualification of one year, three years, or lifetime disqualification as designated in paragraph (b) of § 383.51, if the holder drives a CMV or non-CMV and is convicted of the violations listed in that paragraph.

3) Disqualification for Serious Traffic Offenses.

a) Any driver who holds or is required to hold a CDL or CLP is subject to disqualification sanctions of 60 days or 120 days as designated in paragraph (c) of § 383.51, if the holder drives a CMV is convicted of two or more of the violations listed in that paragraph. For non-CMV convictions, the disqualification will only take place if the convictions result in the revocation or suspension of the CLP or CDL holders non-CMV driving privileges.

4) Disqualification for railroad-highway grade crossing offenses.

a) Any driver who holds or is required to hold a CDL or CLP is subject to disqualification sanctions of 60 days, 120 days, or 1 year as designated in paragraph (d) of § 383.51, if the holder drives a CMV or non-CMV and is convicted of the violations listed in that paragraph.

5) Disqualification for violating out-of-service orders.

a) Any driver who holds or is required to hold a CDL or CLP is subject to disqualification sanctions of 1 year or 5 years as designated in paragraph (e) of § 383.51, if the holder drives a CMV is convicted of the violations listed in that paragraph.

6) Invalid hazmat clearance.

a) If a CLP or CDL holder TSA clearance is no longer valid, the CDL or CLP status must be downgraded. The CDL status will be downgraded to "eligible" on the driver's record. A downgrade removes the CLP or CDL privilege from the driver's license.

7) Invalid Medical Examiner's Certificate.

a) If a CLP or CDL holder medical certification is no longer valid, the CDL or CLP status must be downgraded pursuant to § 383.73 (o). The CDL status will be downgraded to "eligible" on the driver's record. A downgrade removes the CLP or CDL privilege from the driver's license.

8) Imminent Hazard.

a) Upon receipt of documentation from FMCSA under 49 CFR 386.72, the driver will be disqualified for the specified time listed.

9) Lifetime disqualification for human trafficking conviction.

a) If a CLP or CDL holder is convicted of using a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 7102(11), the driver will be disqualified from operating a CMV for life with no possibility of reduction of the term of such disqualification.

I.ENTITY ELIGIBLE TO APPLY FOR A CDL TESTING UNIT LICENSE

1) The Department may authorize a testing unit to administer the CDL skills test on behalf of the Department if such training and testing is equal to the training and testing of the Department.

2) A CDL testing unit must enter into a written contract with the Department and agree to:

a) Maintain an established place of business in Colorado and ensure all CMVs used for testing are properly registered, inspected for safe operating conditions at the time of exam and insured;

b) Maintain an adult education occupational business license with the Division of Private Occupational Schools, a division of the Colorado Department of Higher Education and be listed in the TPR; or

c) Be a government agency, public school district, private or parochial school, or other type of pre- primary, primary, or secondary school transporting students from home to school or from school to home.

J.CDL TESTING UNIT REQUIREMENTS

1) An entity must apply for and receive a CDL testing unit license from the Department in order to administer CDL skills tests. The CDL testing unit and each examiner(s) license expires on June 30th of each year. The licenses for both the testing unit and examiner(s) must be displayed in the place of business.

a) Testing unit and examiner license fees are waived for non-commercial testing units and examiners that only provide public transportation, and that do not test outside of their unit.

b) Public transportation entities that test outside of their unit or that do not provide public transportation only, must submit the appropriate fees.

c) If a license is not renewed on or before June 30th, the initial fees will apply. Testing unit and examiner license(s) may be suspended or inactivated until appropriate fees and documentation are submitted.

d) Licenses can be renewed up to 60 days prior to June 30th of each year.

2) The testing unit is not permitted to guarantee issuance of a Commercial Driver's License or to suggest that training will guarantee issuance of a Commercial Driver's License.

3) Testing units must only test if they have a current testing unit license issued by the Department.

4) Testing units must ensure that each examiner has a valid tester license issued by the Department when he or she administers a CDL skills test.

5) The testing unit must notify the Department in writing within 3 business days of the termination or departure from the testing unit of any examiner.

6) A testing unit's place of business must be a separate establishment and may not be part of a home. The unit's physical address must not be a post office box.

7) The testing unit must have written permission from the landowner to administer the CDL vehicle basic control skills exercises on areas not owned by the testing unit. This written permission must be submitted to the Department for approval prior to testing and renewed annually during the renewal process. If the testing unit owns the property, an updated Land Use Agreement is not necessary as long as the Department has a Land Use Agreement on file with the expiration date of "OWNED". Failure to have an updated Land Use Agreement can result in the skills lot being deactivated in CSTIMS to prevent testing until the updated Land Use Agreement is submitted to CDL Compliance.

8) The testing unit must maintain at least one employee who is licensed as a CDL examiner or contract with at least one person who is licensed as a CDL examiner.

9) The testing unit must ensure that the unit's examiner(s) follow the Department's standards for administering the CDL skills test.

10) The testing unit must ensure that the unit's examiner(s) complete all CDL third-party testing forms correctly.

11) The testing unit must ensure that the unit's examiner(s) administer the CDL skills test to applicants in a vehicle equal to or lower than the class and/or endorsement, and/or restriction on applicant's CDL instruction permit or CDL.

12) Once a new examiner candidate has passed the required 8-day new CDL third-party tester's training course, the testing unit must ensure that within thirty (30) days the new tester candidate:

a) Applies for his/her third-party testers license;

b) Administers two (2) shadow skills tests while accompanied by a licensed examiner who shall monitor the test and compare pass-fail results with those of the new examiner candidate; and

c) Completes an application for the fingerprint/background check.

13) The testing unit is responsible for ensuring that examiners attend all mandated training provided by the CDL Compliance Unit. Failure of examiners to attend scheduled training may result in the suspension of testing privileges for the testing unit and the tester.

14) The testing unit must schedule all tests utilizing CSTIMS. The testing unit or examiner must notify the CDL Compliance Unit of all canceled tests via CSTIMS as soon as the testing unit or examiner is aware of the cancellation. The testing unit or examiner must notify the Department of all tests scheduled or schedule changes via CSTIMS at least two (2) days in advance of the test. Tests not administered due to weather conditions, or a vehicle failure may be rescheduled with approval from a CDL Compliance Unit.

a) The testing unit is not permitted to schedule an applicant more than once within any two (2) day period.

b) Testing units must identify the applicant in Scheduled Comments in CSTIMS as public, employee, or student.

c) The test must begin within 15 minutes before and no later than 15 minutes after its scheduled time. The test begins when the examiner reads the vehicle inspection overview to the applicant.

15) The testing unit must ensure that:

a) The examiner enters into CSTIMS all test results immediately after the completion of the test;

b) The test results entered into CSTIMS match the Class, Endorsements, and Restrictions of the vehicle in which the applicant has successfully completed the CDL skills test; and

c) The examiner uploads the correct score forms into CSTIMS.

d) The examiner obtains a copy of the completed affidavit reflecting successful completion of training on the recognition, prevention, and reporting of human trafficking from each initial applicant for a Class A CDL who has attended a commercial driving school certified for approval by the Private Occupational Schools Division in the Department of Higher Education, and that the examiner uploads a copy of the completed affidavit into CSTIMS.

e) The examiner must make sure that all third-party testing documents (including but not limited to score forms, contracts, insurances, and bonds) are kept secured in a locked cabinet in a room or office that only the responsible parties of the testing unit, examiners or someone authorized by CDL Compliance, has access to at all times.

16) The testing unit must administer CDL skills tests only on Department approved testing areas and routes.

17) The testing unit must ensure all required portions of the CDL skills test are conducted during daylight.

18) The testing unit must ensure the vehicle being used for testing does not have any labels or markings that indicate which components are to be inspected by an applicant during the vehicle inspection portion of the CDL skills test. Manufacturer labels and/or markings are permitted.

19) The testing unit must enter into an agreement with the Department containing, at a minimum, provisions that:

a) Allow the FMCSA, the Department, and their representatives to conduct random inspections and audits without prior notice;

b) Allow the Department to conduct on-site inspections at least annually and as needed;

c) Require all examiners to meet the same training and qualifications as state examiners, to the extent necessary to conduct CDL skills tests in compliance with these rules and regulations;

d) At least annually, allow the Department at its discretion to take the tests administered by the testing unit as if the Department employee was an applicant, or test an applicant who was tested by the testing unit to compare pass-fail results; and

e) Gives the Department the right to take prompt and appropriate action against any testing unit or examiner when they fail to comply with department or federal standards or any other provisions in the contract or the rules and regulations up to and including suspension of the testing unit.

20) An examiner and a testing unit shall charge fees only in accordance with section 42-2-406, C.R.S. and this rule. An examiner and a testing unit shall only charge for tests administered.

a) Except as otherwise provided in paragraph (b) of this subsection (20), the maximum total fee, including but not limited to any administrative fee, for administering a CDL skills test or retest to an applicant is two hundred seventy-five dollars ($275.00).

b) The maximum total fee, including but not limited to any administrative fee, for administering a CDL skills test or retest to an employee or volunteer of a nonprofit organization that provides specialized transportation services for the elderly and for persons with disabilities, to any individual employed by a school district, or to any individual employed by a board of cooperative services is one hundred twenty-five dollars ($125.00).

21) The testing unit must make all CDL testing records available for inspection during normal business hours.

22) The testing unit must hold the state harmless from liability resulting from the administration of the CDL program.

23) The testing unit must make an annual application for renewal of the unit's testing license and individual examiner license(s) before the license expires on June 30th of each year.

24) The testing unit must ensure that each driver to be tested has met all applicable requirements with regard to ELDT.

25) The testing unit must make sure that each examiner conducts and submits to CDL Compliance background checks for each examiner under their tester unit license, every 2 years during the mandatory seminar training. Not having updated background checks on examiners operating under the testing units license, will result in suspension of that examiner until cleared by CDL Compliance.

K.EXAMINER REQUIREMENTS

1) The examiner must possess a valid USDOT medical card and a valid CDL with the appropriate class and endorsement(s) to operate the vehicle(s) in which the CDL skills test is administered.

2) The examiner must conduct the full CDL skills test in accordance with Department procedures and must use the Colorado CDL Skill test Score Form.

3) The examiner must complete all CDL third-party testing forms correctly.

4) The examiner must administer all portions of the CDL skills test in English.

5) Interpreters are not allowed for any portion of the CDL skills test.

6) The examiner agrees to hold the State harmless from any liability arising from or in connection with a CDL skills test.

7) The examiner must only test if the examiner has a valid tester license issued by the Department.

8) The examiner must test in the CDL class of vehicle or endorsement(s) group authorized by the Department.

9) Prior to administering the CDL skills test, the examiner must ensure that the driver has in his/her immediate possession, a valid USDOT medical card, and a valid CLP for operating the class and endorsement(s), and/or restriction(s) of the vehicle being used for testing.

a) The examiner must ensure that the instruction permit has been held by the applicant for at least fourteen (14) days prior to taking the skills test.

b) The examiner must also ensure the applicant has in his/her immediate possession a valid driver's license and must compare the photo on the license to the applicant to verify identity.

c) The examiner must obtain a copy of the completed affidavit reflecting successful completion of training on the recognition, prevention, and reporting of human trafficking from each initial applicant for a Class A CDL who has attended a commercial driving school certified for approval by the Private Occupational Schools Division in the Department of Higher Education.

10) The examiner must administer the CDL skills test to applicants in a vehicle equal to or lower in class and/or endorsement(s), and/or restriction(s) than the applicant has on his or her CLP.

11) The examiner must administer the CDL skills test only on Department approved testing areas and routes.

12) The examiner must administer all three portions of the CDL skills test during daylight.

13) The examiner must ensure that the vehicle in which the CDL skills test will be administered is in proper working and mechanical order.

14) The vehicle inspection, the basic vehicle control skills, and the on-road driving test must be administered by the same examiner in sequential order with no more than a 15-minute break between each portion of the CDL skills test. CDL skills test must be scheduled to avoid a lunch break.

15) The Department may issue an examiner license to an examiner candidate upon the successful completion of the following requirements:

a) A testing unit must submit an application requesting that the examiner candidate be granted a examiner license;

b) The examiner candidate must be an employee of the testing unit submitting the application or under contract with the testing unit submitting the application.

c) The examiner candidate must successfully complete the 8-day new CDL third-party tester's training course;

d) Within 30 days following the date the examiner candidate completes the 8-day new CDL third-party tester's training course, the examiner candidate must:

i) Administer two (2) shadow skills tests while accompanied by a licensed examiner who shall monitor the test and compare pass-fail results with those of the new examiner candidate; and

ii) Complete the application for the fingerprint/background check.

e) All licensing fees must be received by the Department.

16) The examiner must inform the applicant that he/she may be randomly selected for a retest as mandated by 49 CFR.

17) An examiner may administer a CDL skills test on behalf of any licensed testing unit. The examiner may administer tests for more than one unit. However, for an examiner to conduct testing on the unit's behalf, the examiner must be an employee of the testing unit submitting the application or under contract with the testing unit submitting the application. The examiner must keep all CDL records separate for each testing unit.

18) If an applicant fails any portion(s) of the CDL skills test, he or she must return on a different day and perform all three (3) portions of the CDL skills test over again.

19) In order to qualify for renewal, the examiner must administer a minimum of ten (10) CDL skills tests with different applicants within the twelve-month period preceding the application for renewal from the Department.

20) The examiner must:

a) Enter into CSTIMS all test results immediately after the completion of the test;

b) Ensure that the test results entered into CSTIMS match the Class, Endorsements, and Restrictions of vehicle in which the applicant has successfully completed the CDL skills test; and

c) Upload the original correct score forms into CSTIMS.

d) Upload into CSTIMS the completed affidavit reflecting successful completion of training on the recognition, prevention, and reporting of human trafficking from each initial applicant for a Class A CDL who has attended a commercial driving school certified for approval by the Private Occupational Schools Division in the Department of Higher Education.

e) The examiner must make sure that all third-party testing documents (including but not limited to score forms, contracts, insurances and bonds) are kept secured in a locked cabinet in a room or office that only the responsible parties of the testing unit, examiners or someone authorized by CDL Compliance, has access to at all times. Documents must be secured in a locked cabinet.

21) Upon leaving a testing unit, the examiners license may be transferred to another testing unit within three (3) months. If, within three (3) months, the examiner is not employed as a examiner at a licensed testing unit or contracted as a examiner with a licensed testing unit, the tester will be required to attend a new tester training class in order to be licensed by the Department. All training and license fees will apply and are the responsibility of the tester.

22) The examiner cannot administer the CDL skills test to an applicant with whom he/she has conducted in-vehicle skills training.

23) The examiner must ensure that each driver to be tested has met all applicable requirements with regard to ELDT.

24) Examiners must conduct and submit to CDL Compliance background checks every 2 years as part of their mandatory seminar training. Failure to do so will result in the examiner being suspended until cleared by CDL Compliance.

L.COURSE AND ROUTE REQUIREMENTS

1) A testing unit should have a paved area or a flat hard surface that is free of dirt, gravel, snow, ice or any debris for the CDL vehicle inspection and for the entire basic control skills exercise area that contain:

a) Solid painted lines at least 4 inches in width and within (1) inch of the required dimensions with traffic cones marking the testing boundaries.

i) Traffic cones, used to mark the painted testing boundaries, must be a minimum of eighteen inches in height. The same size and color traffic cones must be used for each exercise. Traffic cones must be replaced when they no longer retain their original shape and color.

b) Boundary lines and cones clearly visible in the basic control skill exercise testing area.

2) The testing area boundaries must be cleared of snow, debris, and vehicles that would obstruct the applicant's view during the basic control skill exercise.

3) The testing unit must request and receive approval from the Department for any change(s) to the approved road test route prior to administering a CDL road test.

M.RIGHTS

1) The examiner or testing unit may refuse to test an applicant. The examiner or testing unit must notify the CDL Compliance Unit if an applicant is refused a test and must refer that driver to the CDL Compliance Unit.

2) Government examiners who want to test outside of their governmental testing unit may make a written request to the CDL Compliance Unit and must receive approval from the CDL Compliance Unit prior to administering CDL skills tests outside of their governmental testing unit.

N.RECORDING AND AUDITING REQUIREMENTS

1) The testing unit must maintain all pass/fail records for three years. These must include the CDL skills testing records for each applicant tested, the dates of the testing, the applicant's identification information, a copy of the completed affidavit reflecting successful completion of training on the recognition, prevention, and reporting of human trafficking from each initial applicant for a Class A CDL who has attended a commercial driving school certified for approval by the Private Occupational Schools Division in the Department of Higher Education, the vehicle information and the name and state assigned examiner number for the examiner who administered the test, and documentation that each driver subject to ELDT requirements has met those requirements. If a testing unit is no longer licensed, the unit must return all testing records to the Department within 30 days.

a) After three years, testing units must destroy all pass/fail records (shred, burn).

2) A testing unit must enter all (pass and fail) CDL skills test results into CSTIMS immediately after the test including the upload of the score form and, for each initial applicant for a Class A CDL who has attended a commercial driving school certified for approval by the Private Occupational Schools Division in the Department of Higher Education, a copy of the completed affidavit reflecting successful completion of training on the recognition, prevention, and reporting of human trafficking.

3) During CDL compliance audits and/or inspections, examiners must cooperate with the Department and/or FMCSA by allowing access to testing areas and routes, furnishing CDL skills testing records and results, and providing other items pertinent to the mandated audit and/or inspection. The examiner must surrender testing records upon request.

4) If the testing unit provided the vehicle for the CDL skills test, the testing unit will furnish the vehicle for an applicant driver selected for a retest. No fees, including any vehicle rental fees required for testing, will be collected for this mandatory evaluation. The Department is not liable during retests for any damage, injury, or expense incurred.

5) If the applicant tested in his/her own vehicle, the applicant will supply the vehicle for any CDL skills Retest.

O.BOND

1) A testing unit that is not an agency of government, or a Colorado school district, must maintain a bond in the amount of $20,000.00 with the Department pursuant 49 CFR. A surety company authorized to do business within the State of Colorado must execute the bond.

a) The bond must be for the use and benefit of the Department in the event of a monetary loss suffered by the Department that falls within the limitations of the bond, attributable to the willful, intentional, or negligent conduct of the testing unit or its agent(s) or employee(s).

b) If the amount of the bond is decreased or terminated, or if there is a final judgment outstanding on the bond, the testing unit cannot test outside their unit.

c) The Department must be named on the bond as the beneficiary, or the bond must be held in the name of the Department.

2) A testing unit that is an agency of government, or any Colorado school district, that will administer CDL driving tests outside of their unit, must maintain a bond in the amount of $5,000.00 with the Department. A surety company authorized to do business within the State of Colorado must execute the bond.

a) The bond must be for the use and benefit of the Department in the event of a monetary loss within the limitations of the bond, attributable to the willful, intentional or negligent conduct of the testing unit or its agent(s) or employee(s).

b) If the amount of the bond is decreased or terminated, or if there is a final judgment outstanding on the bond, the testing unit cannot test outside their unit.

c) The Department must be named on the bond as the beneficiary, or the bond must be held in the name of the Department.

P.REVOCATION, CANCELLATION, OR SUSPENSION OF TESTING UNITS AND TESTERS

1) The license of a testing unit or examiner may be suspended or revoked for willful or negligent actions that may include but are not limited to any of the following:

a) Misrepresentations on the application to be a testing unit or a examiner;

b) Improper testing and/or certification of an applicant driver who has applied for a CDL;

c) Falsification of test documents or results;

d) Violations of CDL rules for testing units or examiners;

e) Failure to employ a minimum of at least one licensed CDL examiner or contract with a minimum of one licensed CDL examiner;

f) Failure to comply or cooperate in a CDL Compliance audit and record review;

g) Violations of the contract terms and conditions;

h) For any other violation of this rule or applicable state statute or federal regulation.

2) A testing unit or examiner that is suspended must not perform any duties related to CDL third-party testing.

3) Summary Suspension: Where the Department has objective and reasonable grounds to believe and finds that a testing unit or examiner has been guilty of a deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in its order, it may summarily suspend the license pending proceedings for suspension or revocation which will be promptly instituted and determined. Testing is not permitted while the license is suspended.

4) Appeal Process: Any person aggrieved by the denial of issuance, denial of renewal, suspension, or revocation of a testing unit license or examiner license is entitled to a hearing pursuant to section 42-2- 407(7), C.R.S. Except as otherwise provided in paragraph (3) of this subsection O, the request for hearing must be submitted in writing and appropriately labeled, such as "CDL Cease Testing Appeal," to the Department of Revenue, Hearings Division, 1881 Pierce Street, Room 106, Lakewood, Colorado, 80214. Subsequent appeals may be had as provided by law.

1 CCR 204-30-7

37 CR 20, October 25,2014, effective 11/14/2014

38 CR 11, June 10, 2015, effective 6/30/2015

38 CR 12, June 25, 2015, effective 7/15/2015

38 CR 17, September 10, 2015, effective 9/30/2015

39 CR 01, January 10, 2016, effective 1/30/2016

39 CR 14, July 25, 2016, effective 8/14/2016

39 CR 15, August 10, 2016, effective 8/30/2016

39 CR 16, August 25, 2016, effective 9/14/2016

39 CR 19, October 10, 2016, effective 10/30/2016

39 CR 24, December 25, 2016, effective 1/30/2017

40 CR 20, October 25, 2017, effective 11/14/2017

40 CR 24, December 25, 2017, effective 1/14/2018

41 CR 08, April 25, 2018, effective 5/15/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 17, September 10, 2018, effective 9/30/2018

41 CR 23, December 10, 2018, effective 12/30/2018

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 24, December 25, 2019, effective 1/14/2020

43 CR 12, June 25, 2020, effective 5/22/2020

43 CR 12, June 25, 2020, effective 7/16/2020

43 CR 19, October 10, 2020, effective 9/17/2020

43 CR 18, September 25, 2020, effective 10/15/2020

43 CR 23, December 10, 2020, effective 11/4/2020

43 CR 20, October 25, 2020, effective 11/15/2020

43 CR 22, November 25, 2020, effective 12/16/2020

43 CR 23, December 10, 2020, effective 12/30/2020

44 CR 01, January 10, 2021, effective 1/30/2021

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 15, August 10, 2021, effective 8/31/2021

44 CR 22, November 25, 2021, effective 12/15/2021

45 CR 05, March 10, 2022, effective 3/30/2022

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 01, January 10, 2023, effective 1/30/2023

45 CR 22, November 25, 2022, effective 1/31/2023

46 CR 05, March 10, 2023, effective 4/3/2023

47 CR 07, April 10, 2024, effective 4/30/2024