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.

Trans 115.04 History 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 Trans 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)(a) (a) Make application to the department.

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) (h) Meet all of the following physical standards:

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.