Arkansas Administrative Code
Agency 130 - Arkansas State Police
Rule 130.00.19-004 - Division of Arkansas State Police Third Party Testing Requirements Rules Amendments
Universal Citation: AR Admin Rules 130.00.19-004
Current through Register Vol. 49, No. 2, February 2024
I. PURPOSE
The purpose of this document is to explain the requirements for conducting Commercial Driver License skills tests as a Third Party Tester. Authority to administer skills tests is granted only to Third Party Testers who both utilize third party examiners certified by the Division and enter into an agreement with the Division. As a secondary matter, this document will be incorporated by reference into each agreement.
II. DEFINITIONS
A.
Division: The
Division of Arkansas State Police
....
C.
FMCSA: Federal Motor Carrier Safety Administration
D.
Third Party
Tester: A government entity, an association, a school district, an
educational co-op, an educational institution or a business entity engaged in
the use of commercial motor vehicles and certified by the Division to
administer an approved testing program for CDL applicants in accordance with
the requirements within.
E.
Approved Testing Program: The CDL skills tests which
are required by the Division and are administered by third party
testers.
F.
Third Party
Tester Certificate: That document which is issued to a third party
tester in order to verify the tester is authorized to administer an approved
testing program on behalf of the Division.
G.
Third Party Examiner
Certificate: That document issued by the Division to indicate that
a person has been approved as a qualified examiner, and evidencing authority to
conduct the skills tests required for obtaining a CDL.
....
III. GENERAL PROVISIONS
A.
Administration and
Enforcement:
The Division shall administer and enforce the State of Arkansas third party testing program.
B.
Employment of Division
Employees:
No third party tester shall engage the services of any employee of the Division as an agent, examiner or employee in its third party testing program.
IV. REQUIREMENTS FOR THIRD PARTY TESTERS
A. In
order to receive and maintain a third party tester certification, a third party
tester must meet all of the following conditions.
I. Make application to and enter into
agreement with the Division, as described in Section VI B of this document.
....
5. Have at least
one (1) full-time employee certified by the Division as a third party
examiner.
6. Designate an
individual who will be responsible for its third party testing operation and
inform the Division of that designation. This individual may also be the third
party examiner.
7. Allow the
Division and/or the FMCSA or its representatives to conduct random
examinations, inspections and audits of its operating facilities and records,
as they relate to its third party testing program, without prior
notice.
8. Allow the Division to
conduct annual on-site inspections, evaluations and audits of its operations,
facilities and records.
9. Maintain
at each approved third party testing location, for at least three (3) years,
copies of all records of every CDL skills test administered by the third party
tester pursuant to these requirements on the forms obtained from the
Division.
10. Transmit the records
described in Section IV A (9), for the previous months testing, to the Division
by the 10th of each month.
II. Maintain at each approved third party
testing location, a record of each third party examiner employed by the third
party tester at that location. Each record shall include all of the following:
a. A valid "examiner certificate" indicating
the third party examiner has met all Division qualifications.
....
....
13. Ensure that
skills tests are conducted in accordance with all legal requirements and in
accordance with test specifications and procedures prescribed by the Division.
....
16.
Require each third party examiner employed by the third party tester to attend
all advanced training courses, workshops, seminars and other instructional
meetings, as required by the Division.
17. Allow at least annually, Division
employees to take tests actually administered by the third party tester as if
the employee were an applicant, or allow the Division to test a sample of
drivers who were examined by the third party tester to compare pass/fail
results.
....
V. REQUIREMENTS FOR THIRD PARTY EXAMINERS
....
B. To qualify and
maintain qualification as a third party examiner, an applicant must meet all of
the following qualifications:
I. File and
maintain with the Division an approved third party examiner application on
behalf of the applicant by an authorized third party tester and the approval
has not been suspended, cancelled or revoked.
....
4. Have
successfully completed a CDL examiner training course conducted by the
Division, or an equivalent course as determined by the Division.
5. Attend all advanced training courses,
workshops, seminars and other instructional meetings, as required by the
Division.
....
8. The
applicants driving record does not indicate he or she may be incompetent to
operate a motor vehicle safely, as determined by the Division.
9. Have at least three (3) year's experience
as a commercial motor vehicle operator or equivalent experience as determined
by the Division.
10. Conduct skills
tests on behalf of the third party tester, in accordance with all legal
requirements and in accordance with test specifications and procedures
prescribed by the Division.
II. Submit to auditing and testing as
required by the Division.
VI. CERTIFICATES
A. General Requirements:
.
3. The certificate
issued by the Division to operate a third party testing program and the
examiner certificate issued by the Division to each qualified employee must be
prominently displayed in the place of business of the third party
tester.
4. The examiner must
surrender the examiner certificate to the Division when he or she leaves the
employ of the third party tester, when the examiner is no longer assigned third
party examiner duties by the third party tester, or when the certificate has
been cancelled.
....
7. All
renewal application forms must be filed with the Division not less than thirty
(30) days prior to the time the certificate or agreement expires. The Division
is not responsible for the timely issuance of any renewal certificate or
renewal agreement when the application is not received within the necessary
timeframe.
B.
Application for Third Party Tester Certification:
1. An application for third party tester
certification shall be filed with the Division on a form prescribed by the
Division.
2. An applicant for a
third party tester certificate shall enter into a third party agreement, the
form and content of which shall be prescribed by the Division.
C. Application for Third Party
Examiner Certification:
The third party tester must apply for examiner certification on behalf of persons in their employ on a form prescribed by the Division.
VII. EVALUATION OF APPLICANTS BY THE DIVISION
A. The Division
will evaluate the written application submitted by the third party tester, and
if satisfactory, the Division will schedule an on-site inspection and audit of
the applicants third party testing program.
B. The Division will evaluate the written
application submitted on behalf of the third party examiner, including the
individuals driving record. If satisfactory, the Division will schedule the
prospective examiner for third party examiner training. Training may be waived
if the examiner is seeking another certificate only because he or she has
changed jobs.
VIII. CERTIFICATION BY THE DIVISION
A. Upon
successful application and evaluation, a third party tester must execute a
written agreement prescribed by the Division to administer CDL skills tests.
Upon return of the agreement to the Division, the third party tester will be
issued a certificate by the Division evidencing the tester's authority to
administer a third party testing program for the classes and type vehicles
listed. The certificate must be prominently displayed at the approved testing
facility.
....
C.
Certificates and agreements will remain valid for one (1) year from the date
they were issued or until cancelled by the Division or voluntarily relinquished
by the third party tester or examiner.
IX. ON-SITE INSPECTIONS AND AUDITS
A. Each applicant for a third party tester
certificate shall permit the Division and/or the FMCSA 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 certified.
B. A third party
tester who has been certified and has executed an agreement shall permit the
Division and/or the FMCSA to inspect its third party testing program to
determine whether it remains in compliance with all legal
requirements.
C. The Division
and/or the FMCSA may perform its inspections and audits with or without prior
notice to the third party tester.
D. Inspections and audits will include, at a
minimum, an examination of:
....
6. Effectiveness of
the skills tests program by either testing a sample of drivers who have passed
the skills tests administered by the third party tester or by having Division
employees or designees take the skills tests from a third examiner employed by
the third party tester.
7. Any
other aspect of the third party testers operation that the Division determines
is necessary to verify the third party tester meets all applicable
requirements.
X. PROFESSIONAL CONDUCT
....
B. An examiner,
employee or agent of the third party tester may not solicit any individual on
premises rented, leased or owned by the Division for the Purpose of enrolling
that individual in any third party testing program.
XI. ADVERTISING
A. No advertising shall indicate in any way
that the third party tester can issue or guarantee the issuance of a CDL or
imply that the third party tester can in any way influence the Division in the
issuance of a CDL or imply that preferential treatment from the Division can be
obtained.
B. Third party testers
that are in fact certified by the Division may in their advertising state that
they are "certified", but shall not indicate that the tester is approved,
sanctioned or in any way endorsed by the Division and shall not use any other
name besides the name on its application for certification, nor shall the
tester use "state" in any part of its name.
XII. INSURANCE REQUIREMENTS
....
C. As evidence of
required insurance coverage, the third party tester must file with the Division
either a certificate of insurance issued by an insurance company or surety
company authorized to do business in Arkansas or a certificate of
self-insurance issued by the Officer of Driver Services.
D. A third party tester must not use a motor
vehicle owned or registered by the third party to administer skills tests
unless evidence of insurance coverage for the vehicle has been filed with the
Division.
....
F. The
Division reserves the right to cancel the agreement with the third party tester
upon determining the third party tester has failed to file a certificate of
insurance or self-insurance or has failed to maintain insurance
coverage.
G. The third party tester
must agree to indemnify and hold harmless the State of Arkansas, the Division,
and all of its officers, employees and agents, from any and all rights, causes
of action, claims, demands, suits or liabilities, arising from, based upon,
occasioned by or attributable to any act or omission of the third party tester
or the third party tester's agents, examiners or other employees in the
performance of the agreement.
XIII. NOTIFICATION REQUIREMENTS
A. The third party tester must:
1. Notify the Division in writing within
thirty (30) days prior to any change in the tester's name or address.
2. Notify the Division in writing within ten
(10) days of any of the following:
a. Any
change in the employment of any person authorized by the Division to be a third
party examiner for the tester.
....
B. The third party examiners must notify the
Division and his or third party tester as follows.
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XIV. TEST ADMINISTRATION
A. CDL skills tests shall be conducted
strictly in accordance with the provisions of law and the test specifications
and procedures prescribed in the Third Party Examiner Manual provided by the
Division.
B. CDL skills tests shall
be conducted:
....
2. Using Division
approved content, forms, and scoring procedures.
....
XV. DENIAL/TERMINATION OF THIRD PARTY TESTING PROGRAM
A. The Division may deny any
application for a third party tester certificate/agreement or examiner
certificate, if the applicant or examiner does not qualify for the certificate
under the requirements of the third party testing program. A misstatement or
misrepresentation of a material fact may be grounds for denying an agreement or
certificate.
B. Any third party
tester may relinquish its certificate and agreement upon thirty (30) day's
notice to the Division.
C. The
Division reserves the right to change or cancel the third party testing program
as described in these requirements.
D. The Division may cancel the certificate of
and agreement with a third party tester or examiner after determining the
tester or examiner has done one (1) or more of the following:
1. Has failed to comply with or satisfy any
of the provisions of the agreement or the Division's instructions relating to
the agreement.
....
E. If the Division determines that grounds
for cancellation exist and that they relate to a failure to comply with or
satisfy any of the requirements for a certificate or for a third party tester
agreement, the Division may postpone cancellation and allow the third party
tester thirty (30) days to correct the deficiency.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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