Chapter Trans 115

Trans 115.04   Requirements for third party testers.

Trans 115.05   Requirements for third party examiners.

Trans 115.06   Authority and certificates.

Trans 115.07   On-site inspections and audits.

Trans 115.08   Professional conduct and advertising.

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 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.

Trans 115.01 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 115.02 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:

Trans 115.02(1) (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.

Trans 115.02(2) (2) “Authorized testing program” means the CDL skills tests required by the department which shall be administered by a third party tester.

Trans 115.02(3) (3) “CDL” means commercial driver license.

Trans 115.02(4) (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.

Trans 115.02(5) (5) “CMV” means commercial motor vehicle.

Trans 115.02(6) (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.

Trans 115.02(7) (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.

Trans 115.02(8) (8) “FMCSA” means the federal motor carrier safety administration.

Trans 115.02(9) (9) “FMCSR” means the federal motor carrier safety regulations promulgated by the U.S. department of transportation.

Trans 115.02(10) (10) “Primary place of business” means the central operating location of the third party tester in the state of Wisconsin.

Trans 115.02(11) (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.

Trans 115.02(12) (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.

Trans 115.02 History 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 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.

Trans 115.03 History History: Cr. Register, December, 1990, No. 420, eff. 1-1-91.

Trans 115.04 Trans 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)6. 6. Certification that the applicant employs at least one third party examiner.

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

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(1)(a)12. 12. A $100 application fee.

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

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

Trans 115.04(3)(d)4. 4. The CDL classification, endorsements and restrictions applied for by the CDL applicant.

Trans 115.04(3)(d)5. 5. The test score sheets showing the results of the CDL skills tests.

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

Trans 115.04(3)(d)8. 8. The registration number of the CMVs used during the testing.

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)1. 1. The date of the skills test.

Trans 115.04(3)(e)2. 2. The driver’s name.

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)(e)5. 5. The results of 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)1. 1. A copy of a valid certificate.

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

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 Note Note: 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)(i)1. 1. In the manner directed by the department.

Trans 115.04(3)(i)2. 2. Within 48 hours.

Trans 115.04(3)(i)3. 3. On a CDL skills test score sheet form provided by the department.

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

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

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 Note 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.