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: Trans 115.05(5)(b)(b) Take part in all department required training courses, including retaking full, partial, or specialized CDL skills test examiner training when warranted because of performance or compliance issues, and all other department required workshops, and seminars. A person who has not had a valid certificate in the past 4 years shall retake department sanctioned CDL training. Trans 115.05(5)(bm)(bm) Successfully complete a refresher training course and examination every four years. The refresher training course shall comply with the requirements of 49 CFR 384.228(f). Trans 115.05 NoteNote: This refresher training requirement is imposed upon states at 49 CFR 384.228(f). The State is required to rescind certification to act as a third party tester if a person fails to complete mandatory refresher training. See 49 CFR 384.228(j)(1). Trans 115.05(5)(c)(c) Conduct a minimum of 10 CDL skills tests per year for different individuals in accordance with this chapter and current instructions provided by the department. The examiner’s identification certificate shall be revoked for failure to meet this requirement. Trans 115.05(5)(d)(d) Notify the department in writing within 10 days of any of the following: Trans 115.05(5)(e)(e) Not administer a skills test to any person that the examiner has provided any CDL related training. Trans 115.05 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) (b) and (5) (c), Register, June, 1992, No. 438, eff. 7-1-92; CR 15-065: am. (1) (g), (2) (a), (e), (5) (b), cr. (5) (bm), am. (5) (c), cr. (5) (e) Register August 2016 No. 728, eff. 9-1-16; CR 22-048: am. (4) Register July 2023 No. 811, eff. 8-1-23. Trans 115.06(1)(1) An authorization document shall be issued to each qualified third party tester. Trans 115.06(2)(2) An examiner’s identification certificate shall be issued to each qualified examiner of the third party tester. Trans 115.06(3)(3) A copy of the examiner’s identification certificate shall be displayed in the primary place of business of the third party tester. Trans 115.06(4)(4) The authorization document issued by the department to a third party testing program shall be displayed in the primary place of business of the third party tester. Trans 115.06(5)(5) A third party tester authorization or examiner identification certificate shall be non-transferable. Trans 115.06(6)(6) Each authorization document or examiner identification certificate shall be effective on the date of issuance and shall expire at the end of the calendar year, except that it shall expire at the end of the next calendar year if issued after June 30. Trans 115.06(7)(7) All renewal application forms and fees shall be submitted to the department not less than 30 days prior to the time the previous authorization or examiner’s identification certificate expires. Trans 115.06 NoteNote: The department will not be responsible for the timely issuance of any renewal authorization document or examiner’s identification certificate when the application is not received in the required time frame.
Trans 115.06 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (7), Register, June, 1992, No. 438, eff. 7-1-92. Trans 115.07(1)(1) A new applicant for third party tester authority shall allow the FMCSA or the department, or both, to inspect and audit its operations, facilities and records as they relate to its third party testing program, for the purpose of determining whether the applicant is qualified to be granted authority. Trans 115.07(2)(2) A third party tester who has been granted authority shall allow the department or FMCSA, or both, to inspect and audit its third party testing program to determine whether it remains in compliance with this chapter. Trans 115.07(3)(3) The department or FMCSA, or both, may perform inspections and audits at any time with or without prior notice to the third party tester. Trans 115.07(4)(4) Inspections and audits shall be conducted at least biennially and shall include an examination of all of the following: Trans 115.07(4)(b)(b) Evidence of compliance with the FMCSR, Wisconsin statutes and this chapter. Trans 115.07(4)(f)(f) Effectiveness of the CDL skills test program which shall be determined by any of the following means: Trans 115.07(4)(f)1.1. Having department employes take the CDL skills tests actually administered by the third party examiner. Trans 115.07(4)(f)3.3. Having department employees’ co-score along with the third party examiner during CDL skills tests. Trans 115.07(4)(g)(g) Any other aspect of the third party tester’s operation that the department determines is necessary to verify that the third party tester meets the requirements of this chapter. Trans 115.07(5)(5) The department shall prepare a written report of the results of each inspection and audit. A copy of the report shall be provided to the third party tester. Trans 115.07 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 15-065; am. (1) to (3), (4) (intro.), cr. (4) (f) 3. Register August 2016 No. 728, eff. 9-1-16. Trans 115.08Trans 115.08 Professional conduct and advertising. Trans 115.08(1)(1) Third party examiners shall conduct themselves in a professional manner and display good driving behavior. Trans 115.08(2)(2) A third party tester may advertise that the tester is authorized by the department of transportation to conduct CDL skills tests but may not indicate that a program is approved, sanctioned, or in any other way endorsed by the department over another program. Trans 115.08(3)(3) No third party examiner or tester or employe or agent of a third party tester shall: Trans 115.08(3)(a)3.3. That preferential or advantageous treatment from the department can be obtained. Trans 115.08(3)(b)(b) Provide CDL applicants with exact copies of testing material used by the department to conduct CDL examinations. Trans 115.08(3)(c)(c) Accept bribes or offer anything of value to influence the CDL examination, or issuance of a CDL completion form or license. Trans 115.08(3)(d)(d) Solicit any individual on a premises rented, leased, or owned by the department for the purpose of enrolling that individual in any third party testing program. Trans 115.08 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91. Trans 115.09Trans 115.09 Minimum insurance and bond requirements. Trans 115.09(1)(1) All third party testers shall maintain commercial insurance coverages and limits as follows: Trans 115.09(2)(2) As evidence of required insurance coverage, the third party tester shall file with the department one of the following: Trans 115.09(2)(a)(a) A certificate of insurance issued by an insurance company licensed to do business in this state. Trans 115.09(2)(b)(b) A certificate of self insurance issued by a group motor vehicle self insurance pool, stating that there is in effect a contract of insurance providing the coverage required to participate in this program, which certificate shall stipulate that the insurance shall not be canceled except upon 30 days prior written notice to the department. Trans 115.09(2)(c)(c) A certificate of self insurance indicating a net worth in excess of $20,000,000 issued by the department. Trans 115.09(3)(3) A certificate of insurance or self insurance shall include a make, model, year and identification number of every vehicle which will be used by the third party tester to administer CDL skills tests. Trans 115.09(4)(4) All third party testers that are not an agency or department of this state or its political subdivisions or another state shall maintain a bond in an amount set in a schedule determined by the department. The bond amount shall be sufficient to pay for retesting of drivers in the event the third party tester or one or more of its examiners is involved in fraudulent activities related to conducting skills testing of CDL applicants. Trans 115.09 HistoryHistory: Cr. Register, December, 1990, No. 420, eff. 1-1-91; CR 15-065: am. (title), cr. (4) Register August 2016 No. 728, eff. 9-1-16. Trans 115.10(1)(1) Skills tests shall be conducted strictly in accordance with the provisions of ch. Trans 104 and with current test instructions provided by the department. Such instructions may include information on CDL skills test content, route selection, test forms, examiner procedures, and administrative procedures.
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