2 Del. Admin. Code § 2226-11.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2226-11.0 - Skills Exam Road Test

11.1 The TPTO shall ensure each test is administered in strict accordance with the methods and criteria identified by the Division and in accordance with State and Federal statutes, rules, contracts, TPTO standards, and all requirements of 49 CFR § 383.75(a).

11.2 The TPTO shall use an electronic scheduling application deemed appropriate by the Division to schedule applicant skills exams.

11.3 TPTOs can score the skills test using paper sheets or by using an electronic system approved by the Division. If using the electronic system:

11.3.1 The TPTO will need to establish a separate contract with the Division vendor; and

11.3.2 Will not be required to maintain score sheets.

11.4 If paper scoring is used, the TPTO shall enter SRE scores into the computer applications approved by the Division as an electronic record per 49 CFR § 383.75(b).

11.4.1 SRE scores must be entered into the computer application within 5 business days of the CDL applicant's SRE completion.

11.4.2 The TPTO shall also use and retain paper exam score sheets approved by the Division for the current year and the previous 2 calendar years. These score sheets shall be used during the SREs to provide detailed scoring that is the basis of summary scoring entered into the electronic application.

11.5 All tests must be completed in their entirety and recorded on forms or devices approved by the Division.

11.6 Testing sites must remain free of traffic, parked vehicles, pedestrians, and hazards during basic control skills testing.

11.7 Only one ST can test an applicant for each SRE.

11.8 Suspended STs are not permitted to test applicants.

11.9 An ST must not administer more than 1 complete SRE per day to the same applicant.

11.10 An ST shall test no more than 1 applicant at a time.

11.11 SREs shall only be administered during daylight hours.

11.12 Before administering any exam, STs must:

11.12.1 Ensure applicants have a valid driver license and Commercial Learners Permit issued over 14 days prior in their immediate possession; and

11.12.2 Complete the information section of either the CDL Skills score sheet or electronic tablet including the date of the test, the name of the applicant, the vehicle tag number, the vehicle identification number (VIN), the organization, and the tester information.

11.12.3 Enter the start time on either the score sheet or electronic tablet after the instructions have been read.

11.13 An ST shall inspect the vehicle to be used for testing to ensure the following:

11.13.1 The vehicle is properly registered and insured, that both the registration card and insurance card are inside the vehicle, and the documents match the vehicle identification number for the vehicle being used;

11.13.2 The vehicle has the valid tag plate or plates attached to either the outside of the vehicle, trailer, or both, and any temporary tags must be visibly affixed to either the back of the vehicle or trailer;

11.13.3 The vehicle has passed a safety inspection by the ST to ensure all necessary equipment is in safe operating order, and the vehicle meets all applicable state statutes for operation on a public roadway;

11.13.4 The vehicle has been inspected for compliance with this subsection before every SRE, regardless of who owns the vehicle; and

11.13.5 The vehicle is either registered to the TPTO or is a vehicle provided by the applicant.

11.14 Applicants and testers are prohibited from smoking, drinking, or eating during an SRE.

11.15 All personal electronic devices, including cell phones, tablets, and similar devices not used as part of the actual testing process must be turned off during the exam.

11.16 No passengers, pets, or interpreters may be in a vehicle during an SRE. Occupants in a vehicle during a road exam are limited to the applicant and the ST, with the following exceptions:

11.16.1 A Division representative when an audit is being performed per section 12.0;

11.16.2 An additional, certified ST to satisfy shadow drive requirements. Notification must be made to the Division and applicant before the SRE; or

11.16.3 Service dogs, meaning dogs that are individually trained and certified to do work or perform tasks for people with disabilities. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals in the context of this regulation.

11.17 STs must critique the applicant's performance throughout the course of the exam.

11.18 STs must note any deviations from the approved route during the Skills Test on either the CDL Skills Test Score Sheet or the electronic tablet.

11.19 STs must note all failures on either the applicant's CDL Skills Test Score Sheet or electronic tablet and electronically submit a failed score sheet to the Division within 24 hours of the exam.

11.20 The applicant's score and finish time must be recorded on the score sheet once the vehicle used for testing has been secured at the conclusion of the test.

11.21 Only STs can submit the CDL Skills Test Score Sheet via an electronic means deemed appropriate by the Division. The test data will remain valid for 1 year from the date of completion.

11.22 Upon successful completion of either a skills exam, a road exam, or both, ST's must complete either the CDL Skills Test Score Sheet or electronic completion statement. The tester and applicant must sign the form.

11.23 A ST's signature on either a CDL Skills Test Score Sheet or electronic tablet constitutes a representation by the ST that the actual applicant whose name is on the score sheet took the exam.

11.24 Recertification of STs is due by the third anniversary of the ST's certification or recertification dates. STs seeking recertification must:

11.24.1 Provide a certified driving record showing the ST's driver license has not been suspended, revoked, or disqualified for moving violations within the previous 5 years. If the ST candidate is a Delaware resident, the driving record requirement can be satisfied if the candidate provides the Division permission to review their Delaware driving record; and

11.24.2 Attend at least 1 continuing education or refresher class for updated testing practices every 3 years as part of the recertification process.

2 Del. Admin. Code § 2226-11.0

27 DE Reg. 191 (9/1/2023) (Final)