Trans 115.03Trans 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. Trans 115.03 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 115.04Trans 115.04 Requirements for third party testers. Trans 115.04(1)(1) To be granted third party tester authority, a party shall: Trans 115.04(1)(a)(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: Trans 115.04(1)(a)1.1. Certification that the applicant maintains a primary place of business with at least one permanent regularly occupied structure. Trans 115.04(1)(a)2.2. 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. Trans 115.04(1)(a)3.3. The official name, address and telephone number of the primary place of business. Trans 115.04(1)(a)4.4. Certification that the applicant employs a safety officer or official who is responsible for the organization’s third party testing operation. Trans 115.04(1)(a)5.5. 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. Trans 115.04(1)(a)7.7. The type of organization the applicant represents including, but not limited to, governmental entity, association, motor carrier, educational institution. Trans 115.04(1)(a)8.8. If applicable, a description of the vehicle fleet owned or leased by the applicant, including the number of CMVs by class and type. Trans 115.04(1)(a)10.10. If applicable, the total number of Wisconsin licensed drivers employed to operate CMVs. Trans 115.04(1)(a)11.11. A designated skills test route or routes acceptable to the department which shall include all of the following: Trans 115.04(1)(a)11.a.a. The address of each Wisconsin location where the applicant intends to conduct the CDL skills tests. Trans 115.04(1)(a)11.b.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. Trans 115.04(2)(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. Trans 115.04(3)(3) As a condition of any grant of authority, an approved third party tester shall: Trans 115.04(3)(a)(a) Continue to satisfy all the terms and conditions required in the application process. Trans 115.04(3)(b)(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. Trans 115.04(3)(c)(c) Allow FMCSA or the department, or both, to conduct scheduled and unscheduled examinations, inspections and audits. Trans 115.04(3)(d)(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: Trans 115.04(3)(d)2.2. The driver’s current license number, license class, license endorsements, license restrictions, expiration date and issuing jurisdiction. Trans 115.04(3)(d)4.4. The CDL classification, endorsements and restrictions applied for by the CDL applicant. Trans 115.04(3)(d)6.6. The name and certificate number of the third party examiner conducting the CDL skills test. Trans 115.04(3)(d)9.9. A copy of the written agreement, if applicable, with any person being tested. Trans 115.04(3)(e)(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: Trans 115.04(3)(e)3.3. The CDL classification, endorsements and restrictions applied for by the CDL applicant. Trans 115.04(3)(e)4.4. The name and certificate number of the third party examiner conducting the CDL skills test. Trans 115.04(3)(f)(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: Trans 115.04(3)(f)2.2. A copy of the third party examiner’s current driving record, which must be updated annually. Trans 115.04(3)(f)3.3. Evidence that the third party examiner is an employe of the third party tester. Trans 115.04(3)(g)(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. Trans 115.04(3)(gm)(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. Trans 115.04(3)(h)(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. Trans 115.04(3)(hm)(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. Trans 115.04 NoteNote: 49 C.F.R.383.75(b) requires electronic reporting of CDL test results to the Department by secure electronic means. Trans 115.04(3)(i)(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: Trans 115.04(3)(j)(j) Ensure that vehicles used for CDL skills tests are properly registered and meet minimum safety requirements of federal and state law. Trans 115.04(3)(k)(k) Administer a minimum of 10 CDL skills tests per year for different individuals. Trans 115.04(3)(L)(L) Request and obtain authorization from the department for any proposed changes in the CDL skills test route, test content, or test procedures. Trans 115.04(3)(m)1.1. Any change of third party tester name or address 30 days prior to the change. Trans 115.04(3)(m)3.3. Any third party examiner who fails to comply with any of the department’s CDL skills test requirements. Trans 115.04(3)(n)(n) Not permit any individual to administer a skills test to an applicant who received CDL training from that individual. Trans 115.04 NoteNote: 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. Trans 115.04 HistoryHistory: 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 115.05Trans 115.05 Requirements for third party examiners. Trans 115.05(1)(1) To be granted an examiner identification certificate, a third party examiner shall: Trans 115.05(1)(b)(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. Trans 115.05(1)(c)(c) Have 2 years licensed experience operating the class of CMV used in the CDL skills test conducted by the examiner. Trans 115.05(1)(d)(d) Have successfully passed and paid all fees for a department sanctioned CDL examiner training course. Trans 115.05(1)(e)(e) Within 4 years prior to application have had no convictions for operating any motor vehicle while intoxicated. Trans 115.05(1)(f)(f) Within 4 years prior to application have had no operator’s license suspensions, revocations, cancellations or disqualifications for a traffic offense other than parking violations. Trans 115.05(1)(g)(g) Have had no conviction involving fraudulent activities, and within 10 years prior to application and subject to ss. 111.321, 111.322, and 111.335, Stats., have had no felony conviction. Trans 115.05(1)(h)1.1. Have no impairment of a hand, arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a CMV or any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a CMV. Trans 115.05(1)(h)2.2. Vision—acuity of 20/40 in either eye and at least 20/100 in the other eye with or without corrective lenses and a horizontal, temporal field of vision of 70 degrees or more from the center in each eye and ability to recognize the colors of traffic signals. Trans 115.05(1)(h)3.3. Hearing—The applicant shall hear normal spoken voice with or without corrective help. Trans 115.05(2)(2) Application for an examiner’s identification certificate shall be made on a form supplied by the department including the following: Trans 115.05(2)(a)(a) Full name, home and business addresses, date of birth, operator’s license number, and telephone number. Trans 115.05(2)(b)(b) Driving history, including class of current license and any endorsements, and restrictions. Trans 115.05(2)(c)(c) Name, address and telephone number of the applicant’s employers who applied for or received authority as a third party tester. Trans 115.05(2)(d)(d) Employer’s recommendation of the applicant for an examiner’s identification certificate. Trans 115.05(2)(e)(e) Date and place applicant successfully passed department sanctioned CDL examiner training course. An original application shall be accompanied by written proof verifying passage of the course, prepayment of course fees to the department, and completion of the department’s fingerprinting process. Trans 115.05(2)(f)(f) The class of testing and endorsements for which the applicant is applying. Trans 115.05(3)(3) The department may require a report of medical examination, completed within the past 90 days, to determine the applicant’s ability to perform normal tasks associated with operating a commercial motor vehicle. The cost of obtaining the required medical information is the responsibility of the third party examiner. Trans 115.05(4)(4) The department will evaluate the materials submitted by each third party examiner applicant including the applicant’s driving record and may test the applicant for knowledge and skill. Trans 115.05(5)(5) As a condition of a grant of an examiner’s identification certificate, a third party examiner shall:
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