2 Del. Admin. Code § 2226-7.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2226-7.0 - Skills Tester Requirements

7.1 The Division will determine the frequency, locations, means of delivery, and class size for training and certifying STs for the Delaware Commercial Examiner Certification Training Course based upon their analysis of the existing training demand and the availability of resources.

7.2 Each ST seeking training and certification must:

7.2.1 Be at least 21 years of age with 1 year of valid driving authority;

7.2.2 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 requirement can be satisfied if the candidate provides the Division permission to review their Delaware driving record;

7.2.3 Have had the applicable or like CDL endorsement for at least one year for the class of skills exam they will be testers for;

7.2.4 Complete and pass a federal criminal background check per 49 CFR § 384.228(g);

7.2.5 Complete and pass a State of Delaware criminal background check;

7.2.6 Provide a valid Medical Examiner Certificate (MEC) certifying they can safely operate a commercial motor vehicle;

7.2.7 Pass the Delaware Commercial Examiner Certification Training course per 49 CFR § 384.228. Details regarding the course will be provided to the TPTO upon approval;

7.2.8 Provide documentation of 4 shadow drives on each route the ST will be using for SREs.

7.2.8.1 All drives must not contain more than 3 errors as documented by another certified tester.

7.2.8.2 All drives must be completed within 6 weeks of ST certification date; and

7.2.9 Successfully complete the Delaware Commercial Examiner Certification Training Course, at which time the TPTO and STs will be certified per 49 CFR § 384.228(b) and 49 CFR § 384.228(e).

7.3 An ST performing exams for a TPTO must be actively employed at the time the exam is performed.

7.4 An ST must administer a minimum of 25 SREs per year. Failure to complete the minimum may result in the suspension of an ST's certification.

7.5 An ST cannot administer any SRE to a member of their immediate family. Immediate family means parent (step), spouse, sibling (step), grandparent, child (step), significant other, in-law, aunt, uncle, niece, nephew, first cousin or anyone residing within the same household.

7.6 A TPTO must notify the Division in writing within 48 hours of an ST's change of driving status or departure from the TPTO.

7.7 A TPTO's hiring process for STs must include the requirements of 49 CFR § 384.228(h).

7.8 An ST must be employed by the TPTO to which they are registered with the exception of State of Delaware agencies.

7.9 An ST may be employed by more than one TPTO, but shall be issued a separate certification number for each TPTO employing the ST.

7.10 An ST certification is valid only while the tester is employed by the TPTO listed on the certificate.

7.11 An ST shall maintain a valid Delaware CDL that has not been previously suspended, revoked, forfeited, or denied for a moving violation.

7.12 An ST must ensure that testing forms are complete and accurate.

7.13 The Division reserves the right to require any ST to be retrained for any reason.

7.14 An ST working on behalf of a State Agency may be considered a subcontractor under an active contract with that State agency.

7.15 A TPTO may request the certification of any employee or subcontractor be canceled by notifying the Division in writing.

7.15.1 The cancellation of a certification does not nullify any of the terms of the Contract between the TPTO and the Division.

7.15.2 Cancellation requests can only be submitted by the owner or authorized agent.

7.16 An ST may be evaluated either during an actual SRE or an SRE with a Division representative as the driver during an audit. ST's must follow Division procedures, meet Division standards, and must pass the evaluation with a minimum score of 80%. Failure to pass the evaluation may be reason for the Division to require additional continuing education of the ST.

7.17 A skills test examiner who is also a skills instructor either as a part of a school, training program, or otherwise is prohibited from administering a skills test to an applicant who received skills training by that skills test examiner. A skills test examiner must comply with the requirements and limitations imposed by 49 CFR 383.75(a)(7).

2 Del. Admin. Code § 2226-7.0

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