045-1 Wyo. Code R. § 1-12

Current through April 27, 2019

Section 1-12 - Third-Party Testing

(a) A third-party examiner shall enter into an agreement with the Department in order to administer driving skills tests to applicants for commercial driver's licenses. The agreement shall include, but is not limited to, the following terms:

• (i) The third-party examiner shall permit:
  • (A) The Federal Motor Carrier Safety Administration (FMCSA), or its representative, and the Department to conduct random examinations, inspections, and audits without prior notice;
  • (B) The Department to conduct on-site inspections and/or audits at least annually;
  • (C) Transmit schedules and testing scores both pass and fail, via the Commercial Skills Test Information System (CSTIMS) as prescribed by the CSTIMS user manual; or the Department may test a sample of drivers examined by the third party to compare pass/fail results, or both, as deemed appropriate; and

• (ii) The Department reserves the right to cancel agreements with third-party examiners that fail to comply with state or federal standards for the commercial driver's license testing program or with any other terms of these rules, the third-party agreement, or Attachment A to that agreement.

(b) The third-party examiner shall meet the same qualification and training standards as Department driver's license examiners.

(c) Any applicant for a commercial driver's license who passes the driving skills test administered by an authorized third party shall provide evidence to the Department that he or she has successfully passed the driving skills test. All affidavits presented in place of taking a driving skills test or submitting a Commercial Driver's License Test History form shall be signed by the person tested and dated within 6 months of the time the affidavit is presented to the Department. All affidavits shall be executed by a proper official of the legal entity having entered into a third-party examiner agreement with the Department or by a Wyoming driver's license examiner.

(d) Third-party examiners shall conduct a minimum of 10 tests on different applicants within a 1 year period to maintain active examiner status. If a third party examiner fails to complete 10 different tests, the person must attend a refresher course conducted by the state, or successfully administer a skills test to a state certified examiner.

(e) Third-party examiners shall have a current valid Wyoming CDL of the type and class for which they will be testing and not have been suspended, revoked, canceled, or disqualified in the last 5 years;

(f) A school intended to train truck drivers shall be eligible to become a third-party tester upon complying with the following:

• (i) The school shall be licensed with the Wyoming Department of Education, Private School Non-degree Program, and provide a copy of the license to the Department of Transportation;

• (ii) All third-party examiners shall complete training and certification provided by the Wyoming Department of Transportation Driver Services Program and have a certificate on file with the Department;

• (iii) A third-party tester or examiner shall not charge any fee for skills tests administered, except those fees and tuition allowed by the Wyoming Department of Education;

• (iv) A third-party examiner shall test only individuals registered as students with the school licensed to act as a third-party tester.

• (v) A third-party examiner shall not act as both an examiner and trainer-instructor of a student registered with a school licensed to act as a third-party tester;

• (vi) A truck driving school shall also comply with all provisions of preceding Section 12(a) through (e) of these regulations; and

• (vii) A third-party tester for a truck driving school shall re-certify annually with the Department.

(g) Third-party testers or examiners shall have their certification canceled if the Department determines that Wyoming statutes, Department rules and regulations, or the third-party agreement or Attachment A as signed by the third-party tester have been violated.

(h) A third-party tester may be re-certified upon satisfying the Department that all violations have been corrected and all third-party examiners have been re-trained and certified in accordance with these rules.

(i) All third-party examiners shall complete a nationwide criminal background check. The results of the report shall be filed with the Department.

(j) All non-government third-party examiners must file a bond with the state of Wyoming in the amount of $10,000 and maintain the bond to retain certification by the Department.

045-1 Wyo. Code R. § 1-12

Amended, Eff. 12/5/2016.