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)(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 NoteNote: 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 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)(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)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 115.05(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.