Wisconsin Legislature: Trans 115.04(1)(a)4.

Trans 115.09 Minimum insurance and bond requirements.

Trans 115.10 Test administration.

Trans 115.11 Denial and cancellation of third party testing.

Trans 115.12 Program cancellation.

Trans 115.01 Purpose. As authorized by s. 343.02, Stats., the purpose of this chapter is to establish policies and procedures to authorize persons, other than employes of the department, to conduct the commercial driver license skills tests required of commercial driver license applicants. Authority to administer CDL skills tests will be granted only to third party testers under agreement with the department and utilizing third party examiners recognized and deemed qualified by the department.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 115.02 Definitions. The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In addition, in this chapter:

(1) “Authority” or “authorization” means the document issued to a third party tester allowing the holder to administer the authorized testing program on behalf of the department.

(2) “Authorized testing program” means the CDL skills tests required by the department which shall be administered by a third party tester.

(3) “CDL” means commercial driver license.

(4) “CDL skills test” means the test of a person’s ability to drive a commercial motor vehicle by performing the pre-trip, basic control and road test maneuvers required by ch. Trans 104.

(5) “CMV” means commercial motor vehicle.

(6) “Department sanctioned CDL examiner training course” means a course conducted by the department or a school of the Wisconsin technical college system authorized by the department, to prepare a person to conduct the CDL skills test.

(7) “Examiner identification certificate” means a certificate issued to a person who has been authorized by the department as a qualified third party examiner to conduct the CDL skills test.

(8) “FMCSA” means the federal motor carrier safety administration.

(9) “FMCSR” means the federal motor carrier safety regulations promulgated by the U.S. department of transportation.

(10) “Primary place of business” means the central operating location of the third party tester in the state of Wisconsin.

(11) “Third party examiner” means a person who is employed by a third party tester and who holds a valid examiner identification certificate issued by the department.

(12) “Third party tester” means a person including, but not limited to, an agency or department of this state or its political subdivisions or another state, or a private employer authorized by the department to administer the authorized testing program for CDL applicants in accordance with this chapter.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1), Register, November, 1995, No. 479, eff. 12-1-95; correction in (6) made under s. 13.93 (2m) (b) 6., Stats., Register, November, 1995, No. 479; CR 15-065: r. and recr. (8) Register August 2016 No. 728, eff. 9-1-16.

Trans 115.03 Employment of department employes. No third party tester granted authority under the provisions of this chapter may engage the service of an employe of the department as an examiner, agent or employe.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 115.04 Requirements for third party testers.

(1) To be granted third party tester authority, a party shall:

(a) Make application to and enter into an agreement with the department. The application shall be made on a form supplied by the department and include all of the following:

1. Certification that the applicant maintains a primary place of business with at least one permanent regularly occupied structure.

2. Certification that the primary place of business is safe, meets all requirements of state law and local ordinances, and, along with all records, is locked and secured when not in use.

3. The official name, address and telephone number of the primary place of business.

4. Certification that the applicant employs a safety officer or official who is responsible for the organization’s third party testing operation.

5. The name, title, address and telephone number of the safety officer or other official who has been designated as a contact person with the department.

6. Certification that the applicant employs at least one third party examiner.

7. The type of organization the applicant represents including, but not limited to, governmental entity, association, motor carrier, educational institution.

8. If applicable, a description of the vehicle fleet owned or leased by the applicant, including the number of CMVs by class and type.

9. The class of testing and endorsements for which the applicant is applying.

10. If applicable, the total number of Wisconsin licensed drivers employed to operate CMVs.

11. A designated skills test route or routes acceptable to the department which shall include all of the following:

a. The address of each Wisconsin location where the applicant intends to conduct the CDL skills tests.

b. A description of the off-road facilities as well as a map, drawing or written description of each test route that will be used for the on-road portion of the CDL skills test.

12. A $100 application fee.

(2) The department will evaluate the materials submitted by the third party tester applicant, and if the application materials are satisfactory, the department shall schedule an on-site inspection and audit of the applicant’s third party testing program.

(3) As a condition of any grant of authority, an approved third party tester shall:

(a) Continue to satisfy all the terms and conditions required in the application process.

(b) Not exceed the fee set by the department for applicants taking a CDL skills test or the prorated fee for any portion of the test.

(d) Maintain at the primary place of business an alphabetical driver file listing each CDL skills test conducted, whether the driver passes or fails the test. Each record shall be maintained for a minimum of 2 years and include all of the following:

1. The driver’s complete name, address, phone number and employer.

2. The driver’s current license number, license class, license endorsements, license restrictions, expiration date and issuing jurisdiction.

3. The dates the driver took the CDL skills tests.

4. The CDL classification, endorsements and restrictions applied for by the CDL applicant.

5. The test score sheets showing the results of the CDL skills tests.

6. The name and certificate number of the third party examiner conducting the CDL skills test.

7. Copies of receipts for fees collected from CDL applicants.

8. The registration number of the CMVs used during the testing.

9. A copy of the written agreement, if applicable, with any person being tested.

(e) Maintain at the primary place of business an annual log of CDL skills tests conducted, whether the driver passes or fails the test. Each record shall be maintained for a minimum of 2 years and include all of the following:

1. The date of the skills test.

2. The driver’s name.

3. The CDL classification, endorsements and restrictions applied for by the CDL applicant.

4. The name and certificate number of the third party examiner conducting the CDL skills test.

5. The results of the CDL skills test.

(f) Maintain a record, at the primary place of business, for each third party examiner in the employ of the third party tester. Each record shall be maintained for a minimum of 5 years and include all of the following:

1. A copy of a valid certificate.

2. A copy of the third party examiner’s current driving record, which must be updated annually.

3. Evidence that the third party examiner is an employe of the third party tester.

(g) Ensure that the CDL skills tests are conducted in accordance with the requirements of ch. Trans 104 and the instructions provided by the department.

(gm) Ensure that the CDL skills tests are scheduled no later than two business days prior to each test using electronic means authorized by the department.

Note: The two-day scheduling period is required by 49 C.F.R. 383.75(a)(8)(viii).

(h) Provide proof of successful test completion, on a form provided by the department, to each driver applicant who passes the required CDL skills test. This CDL skills test certification form shall provide a record of all tests or portions of tests passed or failed. The driver applicant shall present this form to the department as a condition of obtaining a CDL.

(hm) Report all CDL test results to the department within 48 hours of test completion using a department-approved secure electronic means. Results from successful or unsuccessful CDL pre-trip inspections, basic CMV control and road skills tests, and records of all other CDL tests or portions of tests passed or failed shall be reported under this paragraph.

Note: 49 C.F.R.383.75(b) requires electronic reporting of CDL test results to the Department by secure electronic means.

(i) Notify the department of each driver applicant who fails the basic controls and road test portion of the CDL skills test in the following manner:

1. In the manner directed by the department.

2. Within 48 hours.

3. On a CDL skills test score sheet form provided by the department.

(j) Ensure that vehicles used for CDL skills tests are properly registered and meet minimum safety requirements of federal and state law.

(k) Administer a minimum of 10 CDL skills tests per year for different individuals.

(L) Request and obtain authorization from the department for any proposed changes in the CDL skills test route, test content, or test procedures.

(m) Notify the department in writing of any of the following:

1. Any change of third party tester name or address 30 days prior to the change.

2. Discontinuation of business in Wisconsin as a third party tester.

3. Any third party examiner who fails to comply with any of the department’s CDL skills test requirements.

(n) Not permit any individual to administer a skills test to an applicant who received CDL training from that individual.

Note: 49 C.F.R. 383.75(a)(7). provides that if an individual receives skills training from an instructor, that instructor may not administer a third party skills test of the individual. The analysis for the regulation at 78 FR 17877 (March 25, 2013) states that FMCSA intends that instructors who provide any type of training to an individual should not conduct a CDL skills test examination of that individual. This rule is drafted consistently with the expressed intent of the federal regulation.

History: Cr. Register, December, 1990, No. 420, eff. 1-1-91; r. (1) (a) 7., am. (3) (d) (intro.), 8. and (e) (intro.), Register, June, 1992, No. 438, eff. 7-1-92; am. (3) (d) 1. and 8., and (k), Register, May, 1994, No. 461, eff. 6-1-94; CR 15-065: am. (1) (a) 2., (3) (c), cr. (3) (gm), (hm), r. and recr. (3) (i) 1., am. (3) (i) 2., (k), cr. (3) (n) Register August 2016 No. 728, eff. 9-1-16.

Trans 115.05 Requirements for third party examiners.

(1) To be granted an examiner identification certificate, a third party examiner shall:

(a) Make application to the department.

(b) Possess a valid Wisconsin CDL with classification and endorsements necessary for operation of the class and type of CMV used in the CDL skills tests conducted by the examiner.