Current
through Register Vol. 47, No. 5, March 10, 2024
A.
BASIS, PURPOSE, AND STATUTORY
AUTHORITY
1) The Department is
authorized to adopt rules and regulations as necessary for the Commercial
Driver's License Program in accordance with sections
24-4-103,
42-2-111(1)(b),
42-2-114.5,
42-2-403,
42-2-406 (3 through 7), and
42-2-407(8),
C.R.S.
2) The purpose of these
rules is to promote the safety and welfare of the citizens of Colorado by
establishing standards and requirements for licensing commercial driver's
license testing units and testers, to establish fees for such licensing and
maximum fees that may be charged by such testing units, to establish certain
procedures and standards for issuing and possessing commercial driver's
licenses, and to ensure compliance with state and federal
requirements.
B.
INCORPORATION BY REFERENCE OF FEDERAL LAW AND OTHER RULES
1) Adoption: The Department incorporates by
reference the Federal Motor Carrier Safety Regulations ("FMCSR"),
49 CFR parts
171,
172, and
300-399, Qualifications and
Disqualification of Drivers, 42 CFR part 73, 49 U.S.C. Section
5103, 49 U.S.C. Section
31310, and the Colorado Department of Public
Safety, Colorado State Patrol, Rules and Regulations Concerning Minimum
Standards for the Operation of Commercial Vehicles at
8 CCR
1507.1. Material incorporated by reference in this
rule does not include later amendments to or editions of the incorporated
material.
2) "49 CFR", when
referenced in this rule, means the Federal Regulations published in the Code of
Federal Regulations ("CFR"), Title 49, parts 171, 172, and 300-399 ( February,
2022) by the National Archives and Records Administration's Office of the
Federal Register and Government Publishing Office, and available at the
original issuing agencies the Federal Motor Carrier Safety Administration and
Pipeline and Hazardous Materials Safety Administration, both located at 1200
New Jersey Avenue SE, Washington, D.C., 20590. "42 CFR", when referenced in
this rule, means the Federal Regulations published in the Code of Federal
Regulations ("CFR"), Title 42, part 73 by the National Archives and Records
Administration's Office of the Federal Register and Government Publishing
Office, and available at the original issuing agencies the Federal Motor
Carrier Safety Administration and Pipeline and Hazardous Materials Safety
Administration, both located at 1200 New Jersey Avenue SE, Washington, D.C.,
20590. 49 U.S.C. Sections
5103 and
31310, when referenced in this
rule, means the United States Code, and are available at the U.S. Department of
Transportation, located at 1200 New Jersey Avenue, SE, Washington, DC 20590.
Rules and Regulations referenced or incorporated in this rule concerning
minimum standards for the operation of commercial vehicles,
8 CCR
1507.1, are available at the original issuing agency
headquarters, Colorado Department of Public Safety, Colorado State Patrol,
Central Records Unit, 700 Kipling Street, Lakewood, CO 80214. The Federal
statutes and State and Federal regulations referenced or incorporated in this
rule are on file and available for inspection by contacting the Driver License
Section of the Department of Revenue in person at, 1881 Pierce Street, Room
128, Lakewood, Colorado, 80214, or by telephone at
303-205-5600, and copies of the
materials may be examined at any state publication depository library.
C.
DEFINITIONS
1) AAMVA: American
Association of Motor Vehicle Administrators is a voluntary, nonprofit, tax
exempt, educational unit that represents state and provincial officials in the
United States and Canada who administer and enforce motor vehicle laws CODE OF
COLORADO REGULATIONS 1 CCR 204-30 Division of Motor
Vehicles.
2) CDL: "Commercial
Driver's License" as defined in section
42-2-402(1),
C.R.S.
3) CDL Compliance Unit: The
administrative unit contained within the Department charged with the oversight
and regulation of CDL third party testing units and testers on AAMVA's CDL
skills testing.
4) CDL Passenger
Vehicle: A passenger vehicle designed to transport 16 or more passengers,
including the driver.
5) CDL Skills
Test: "Driving tests" as referenced in section
42-2-402, C.R.S. and consists of
the Vehicle Inspection, Basic Control Skills, and the Road Test.
6) CDL Vehicle Class: A group or type of
vehicle with certain operating characteristics.
a) Class A: Any combination of vehicles which
has a gross combination weight rating or gross combination weight of 11,794
kilograms or more (26,001 pounds or more) whichever is greater, inclusive of a
towed unit(s) with a gross vehicle weight rating or gross vehicle weight of
more than 4,536 kilograms (10,001 pounds) whichever is greater.
b) Class B: Any single vehicle which has a
gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms
(26,001 pounds or more), or any such vehicle towing a vehicle with a gross
vehicle weight rating or gross vehicle weight that does not exceed 4,536
kilograms (10,001 pounds).
c) Class
C: Any single vehicle, or combination of vehicles, that does not meet the
definition of Class A or Class B, but is either designed to transport 16 or
more passengers, including the driver, or is transporting material that has
been designated as hazardous under
49 U.S.C.
5103 and is required to be placarded under
subpart F of 49 CFR part 172 or is transporting any quantity of a material
listed as a select agent or toxin in 42 CFR part 73.
7) CLP- Commercial Learner's Permit: The
permit issued by the Department entitling the driver, while having such permit
in his/her immediate possession, to drive a commercial motor vehicle of certain
classes and/or endorsement(s), and/or restriction(s) upon the highways with a
driver that possesses a CDL with the same class and/or endorsements or higher,
as the CLP holder.
8) CMV:
"Commercial Motor Vehicle" as defined in section
42-2-402(4),
C.R.S.
9) C.R.S.: Colorado Revised
Statutes.
10) CSTIMS- Commercial
Skills Test Information Management System: Web-based system used by states to
manage the CDL Skills Test portion of the CDL licensing process.
11) Disqualifications: The suspension,
revocation, cancellation, or any other withdrawal by the Department of a
person's privilege to drive a CMV or a determination by the FMCSA under the
rules of practice for motor carrier safety contained in 49 CFR, that a person
is no longer qualified to operate a CMV under 49 CFR; or the loss of
qualification that automatically follows conviction of an offense listed in 49
CFR.
12) Designed to Transport: The
manufacturer's original rated capacity for the vehicle.
13) ELDT: Entry Level Driver Training-
FMCSA's Entry Level Driver Training (ELDT) regulations set the baseline for
training requirements for entry-level drivers. This includes those applying to
obtain a Class A or Class B CDL for the first time, upgrade an existing Class B
CDL to a Class A CDL or obtain a school bus (S), passenger (P), or hazardous
materials (H) endorsement for the first time.
14) Endorsements: The letter indicators below
added to a CDL and/or CLP indicate successful completion of the appropriate
knowledge, and if applicable, the CDL Skills Test, and allow the operation of a
special configuration of vehicle(s):
a) 3 =
Three wheel motorcycle (not allowed on a CLP per 49 CFR)
b) H = Hazardous materials (Not allowed on a
CLP per 49 CFR)
c) M = Motorcycle
(not allowed on a CLP per 49 CFR)
d) N = Tank vehicles
e) P = CDL Passenger vehicle
f) S = School buses
g) T = Double/triple trailers (not allowed on
a CLP per 49 CFR)
h) X =
Combination of tank vehicle and hazardous materials (Not allowed on a CLP per
49 CFR)
15) Exemptions:
Regulatory relief given to a person or class of persons normally subject to
regulations.
16) FMCSA: Federal
Motor Carrier Safety Administration is an agency within the USDOT.
17) FMCSR: Federal Motor Carrier Safety
Regulations (49 CFR).
18) GCWR:
Gross Combination Weight Rating is the value specified by the manufacturer as
the maximum loaded weight of the combination vehicle.
19) Government agency: A state, county, city
and county, municipality, school district, special improvement district, and
every other kind of district, agency, instrumentality, or political subdivision
thereof organized pursuant to law and any separate entity created by
intergovernmental contract cooperation only between or among the state, county,
city and county, municipality, school district, special improvement district,
and every other kind of district, agency, instrumentality, or political
subdivision thereof.
20) Intrastate
Driver: A driver with a CDL restricted to operating a CMV within the boundaries
of Colorado, and not authorized to transport items of interstate commerce or
hazardous materials.
21) Interstate
Commerce: Trade, traffic, or transportation in the United States between a
place in a state and a place outside of such state (including a place outside
of the United States), or between two places in a state through another state
or a place outside of the United States, or between two places in a state as
part of trade, traffic, or transportation originating or terminating outside
the state or the United States.
22)
Interstate Driver: A CDL holder authorized to cross state lines and transport
interstate commerce while operating a CMV.
23) Intrastate Commerce: Trade, traffic, or
transportation in any state that is not described in the term "interstate
commerce".
24) Knowledge Test: A
written test that meets the federal standards contained in 49 CFR.
25) Non-Profit: An organization filing with
the United States Code 26
USC Section
501(c).
26) Paved Area: A paved area is a surface
made up of materials and adhesive compounds of a sufficient depth and strength
that the area provides a durable, solid, smooth surface upon which an applicant
may demonstrate basic vehicle control skills.
27) Public Transportation Entity: A mass
transit district or mass transit authority authorized under the laws of this
state to provide transportation services to the general public.
28) Restrictions: Prohibits the operation of
certain types of vehicles or restricts operating a CMV to within designated
boundaries:
a) E = No Manual
Transmission
b) K = Intrastate
only
c) L = No Air Brake equipped
CMV
d) M = No Class A Passenger
Vehicle
e) N = No Class A and B
Passenger Vehicle
f) O = No
Tractor-Trailer
g) P = No
Passenger
h) X = No Liquid in
Tank
i) V = Medical Variance (49
CFR)
j) Z = Restricted from
operating a CMV with full air brakes
29) Self Certification Choice:
a) Non-excepted interstate. A person's
certification that he or she operates or expects to operate in interstate
commerce, is both subject to and meets the qualification requirements under 49
CFR, and is required to be medically examined and certified pursuant to 49
CFR.
b) Excepted interstate. A
person's certification must certify that he or she operates or expects to
operate in interstate commerce, but engages exclusively in transportation or
operations excepted under 49 CFR from all or parts of the qualification
requirements of 49 CFR, and is therefore not required to be medically examined
and certified pursuant to 49 CFR.
c) Non-excepted intrastate. A person's
certification that he or she operates only in intrastate commerce and therefore
is subject to Colorado driver qualification requirements.
d) Excepted intrastate. A person's
certification must certify that he or she operates in intrastate commerce, but
engages exclusively in transportation or operations excepted from all or parts
of the Colorado driver qualification.
30) Shadow Skills Test: Administered skills
tests required of the new examiner candidate.
31) TPR: Training Provider Registry- The
Training Provider Registry supports FMCSA's goal of ensuring that only
qualified drivers are behind the wheel of commercial motor vehicles (CMVs). The
Registry will connect entry-level drivers with training providers who can equip
them with the knowledge to safely operate CMVs for which a commercial learner's
permit (CLP) or commercial driver's license (CDL) is required.
32) USDOT: United States Department of
Transportation.
D.
DRIVER LICENSING REQUIREMENTS
1)
Each applicant applying for a CDL or CLP must be a resident of Colorado, at
least 18 years of age, and comply with the testing and licensing requirements
of the Department.
a) The CDL and CLP will
indicate the class of license, any endorsements, and any restrictions for that
individual. The CDL is valid for the operation of a non-CMV including a
motorcycle with the appropriate motorcycle endorsement on the
license.
b) A Colorado CDL may be
issued upon surrender of a valid CDL from another state without additional
testing except that an applicant must test for a hazardous material
endorsement.
c) An applicant with
an out-of-state CLP cannot transfer that CLP to Colorado but must apply for a
Colorado CLP and take all applicable CDL knowledge tests (49 CFR).
2) Each applicant applying is
required to make one of the following applicable self-certifications for the
type of commercial driving the individual intends to do (49 CFR):
a) Non-excepted interstate.
b) Excepted interstate.
c) Non-excepted intrastate.
d) Excepted intrastate.
3) Each applicant must meet the medical and
physical qualifications under 49 CFR. Each applicant must submit their medical
examiner's certificate and, if applicable, any federal variance or state
medical waiver or skills performance evaluation to a driver license office (49
CFR).
4) Each initial applicant for
a Class A CDL who has attended a commercial driving school certified for
approval by the Private Occupational Schools Division of the Department of
Higher Education must affirm on an affidavit provided by the Department, to the
testing unit that the initial applicant successfully passed training on the
recognition, prevention, and reporting of human trafficking prior to taking the
CDL skills test.
5) Effective
February 7, 2022, each applicant must complete ELDT prior to taking any
applicable skills or knowledge tests including those applying to:
a) Obtain a Class A or Class B CDL for the
first time;
b) Upgrade an existing
Class B CDL to a Class A CDL; or c) Obtain a school bus (S), passenger (P), or
hazardous materials (H) endorsement for the first time.
The ELDT regulations are not retroactive; the entry-level
driver training requirements do not apply to individuals holding a valid CDL or
an S, P, or H endorsement issued prior to February 7, 2022. If an applicant who
obtains a CLP prior to February 7, 2022, obtains a CDL before the CLP or
renewed CLP expires, the applicant is not subject to the ELDT requirements. Any
individual who meets one of the exceptions for taking a skills test in 49 CFR
part 383 is also exempt from the ELDT requirements.
E.
ENDORSEMENTS
1) T-Double/Triple
Trailers: Required to operate a CMV used for drawing two or more vehicles or
trailers with a GCWR that is 26,001 lbs. or more and combined GVWR of the
vehicles being towed is more than 10,001 lbs.
2) P-Passenger: Required to operate a vehicle
designed by the manufacturer to transport 16 or more passengers, including the
driver.
3) N-Tank Vehicles:
Required to operate a vehicle that hauls liquid or liquid gas in a permanently
mounted cargo tank rated at 119 gallons or more or a portable tank rated at
1,000 gallons or more.
4)
H-Hazardous Materials: Required to transport materials that require the motor
vehicle to display a placard pursuant to the hazardous materials
regulations.
5) S-School Buses:
Required to operate a school bus as defined in section
42-1-102(88),
C.R.S.
6) X-Combination
Tank/Hazmat: Required to operate vehicles that meet the definition of (3) and
(4) above.
F.
RESTRICTIONS
1) Intrastate: The
letter "K" is added to the CDL of a driver between the ages of 18 through 20,
to an individual who has been issued a valid medical waiver from the Colorado
State Patrol (8 CCR 1507-1) or who self-
certifies to excepted or not excepted intrastate driving (49 CFR). Under this
CDL restriction, the driver must not:
a)
Operate a CMV outside Colorado state boundaries; or
b) Transport interstate commerce as defined
in 49 CFR.
The waiver from Colorado State Patrol is valid only while the
driver is transporting commodities other than bulk hazardous materials, as
defined in 49 CFR or commodities with a hazard class identified in 49 CFR, or
commodities subject to the "Poison by Inhalation Hazard" shipping description
in 49 CFR.
2)
Air brake: The letter "L" is added to the CDL/CLP of an individual restricted
from operating vehicles equipped with air brakes.
a) An individual may apply for removal of the
"L" restriction after having successfully completed the air brake knowledge
test and the CDL Skills Test in a vehicle equipped with air brakes that is
representative of the CDL vehicle class.
b) When taking the CDL Skills Test in a
vehicle equipped with air brakes, the applicant must have in his/her immediate
possession a CLP without the "L" restriction.
3) Transmission: The letter "E" is added to
the CDL of an individual restricted from operating vehicles equipped with a
standard transmission.
a) An individual may
apply for removal of the "E" restriction after having successfully completed
the CDL Skills Test in a vehicle equipped with a standard transmission that is
representative of the CDL vehicle class.
b) When taking the CDL Skills Test in a
vehicle equipped with a standard transmission, the applicant must have in
his/her immediate possession a CLP without the "E" restriction.
4) Class B Bus: The letter "M" is
added to the CDL of an individual restricted from operating a Class A Passenger
vehicle (49 CFR).
a) An individual may apply
for removal of the "M" restriction after having successfully completed the CDL
Skills Test in a Class A Passenger vehicle.
b) Before taking the CDL Skills Test in a
Class A Passenger vehicle, the applicant must have in his/her immediate
possession a CLP without the "M" restriction.
5) Class C Bus: The letter "N" is added to
the CDL of an individual restricted from operating a Class B Passenger vehicle
(49 CFR).
a) An individual may apply for
removal of the "N" restriction after having successfully completed the CDL
Skills Test in a Class B Passenger vehicle.
b) Before taking the CDL Skills Test in a
Class B Passenger vehicle, the applicant must have in his/her immediate
possession a CLP without the "N" restriction.
6) No Tractor-Trailer: The letter "O" is
added to the CDL of an individual restricted from operating a vehicle equipped
with a 5th wheel type coupling system (49 CFR).
a) An individual may apply for removal of the
"O" restriction after having completed the CDL Skills Test in a
tractor/semi-trailer combination vehicle equipped with a 5th wheel type
coupling system.
b) When taking the
CDL Skills Test in a tractor/semi-trailer combination vehicle equipped with a
5th wheel type coupling system, the applicant must have in his/her immediate
possession a CLP without the "O" restriction.
7) No Passengers: The letter "P" is added to
the CLP of an individual restricted from operating a Passenger vehicle with
passengers.
a) The "P" restriction is removed
by successfully completing the CDL Skills Test in a Passenger vehicle.
8) No Cargo in a Tank
Vehicle: The letter "X" is added to the CLP of an individual restricted from
operating a Tank vehicle containing liquid or gas.
a) An individual may apply to have the "X"
restriction removed after having successfully completed the CDL Skills
Test.
9) Medical,
Variance/Skills Performance Evaluation: The letter "V" will be added to any CLP
or CDL for individuals who have been issued a federal medical variance (49
CFR).
10) Air brake: The letter "Z"
is added to the CDL/CLP of an individual restricted from operating vehicles
equipped with full air brakes.
a) The "Z"
restriction is removed by successfully completing the air brake knowledge test
and the CDL Skills Test in a vehicle equipped with air brakes that is
representative of the CDL vehicle class.
b) When taking the CDL Skills Test in a
vehicle equipped with air brakes, the applicant must have in his/her immediate
possession a CLP without the "Z" restriction.
G.
EXEMPTIONS
1) FMCSR 49 CFR Applicability: Authorizes the
state to grant certain groups exceptions from the CDL requirements.
a) FMCSR - 49 CFR: Exception for individuals
who operate CMVs for military purposes.
b) FMCSR - 49 CFR: Exception for operators of
farm vehicles, as defined at section
42-2-402(4)(b)(III),
C.R.S. and firefighters and other persons who operate CMVs that are necessary
to the preservation of life or property, or the execution of emergency
governmental functions, or that are equipped with audible and visual signals
and are not subject to normal traffic regulation.
c) FMCSR - 49 CFR: Exception for drivers
employed by an eligible unit of local government, operating a commercial motor
vehicle within the boundaries of that unit for the purpose of removing snow or
ice from a roadway by plowing, sanding, or salting, if the properly licensed
employee who ordinarily operates a commercial motor vehicle for these purposes
is unable to operate the vehicle or if the employing governmental entity
determines that a snow or ice emergency exists that requires additional
assistance.
d) FMCSR - 49 CFR:
Restricted CDL for certain drivers in farm-related service
industries.
2) FMCSR 49
CFR specifies the exceptions to the physical qualifications for individuals
engaged in custom harvesting operations.
H.
ENTITY ELIGIBLE TO APPLY FOR A CDL
TESTING UNIT LICENSE
1) The Department
may authorize a testing unit to administer the CDL Skills Test on behalf of the
Department if such training and testing is equal to the training and testing of
the Department.
2) A CDL Testing
Unit must enter into a written contract with the Department and agree to:
a) Maintain an established place of business
in Colorado and ensure all CMVs used for testing are properly registered,
inspected for safe operating conditions at the time of exam and
insured;
b) Maintain an adult
education occupational business license with the Division of Private
Occupational Schools, a division of the Colorado Department of Higher Education
and be listed in the TPR; or
c) Be a
government agency, public school district, private or parochial school, or
other type of pre- primary, primary, or secondary school transporting students
from home to school or from school to home.
I.
CDL TESTING UNIT REQUIREMENTS
1) An entity must apply for and receive a CDL
testing unit license from the Department in order to administer CDL Skills
Tests. The CDL testing unit and each driving tester license expires on June
30th of each year. The licenses for both the testing unit and driving tester(s)
must be displayed in the place of business.
a)
Testing unit and driving tester license fees are waived for non-commercial
testing units and driving testers that only provide public transportation, and
that do not test outside of their unit.
b) Public transportation entities that test
outside of their unit or that do not provide public transportation only, must
submit the appropriate fees.
c) If
a license is not renewed on or before June 30th, the initial fees will apply.
Testing unit and driving tester license(s) may be suspended or inactivated
until appropriate fees and documentation are submitted.
d) Licenses can be renewed up to 60 days
prior to June 30th of each year.
2) The testing unit is not permitted to
guarantee issuance of a Commercial Driver's License or to suggest that training
will guarantee issuance of a Commercial Driver's License.
3) Testing units must only test if they have
a current testing unit license issued by the Department.
4) Testing units must ensure that each
driving tester has a valid tester license issued by the Department when he or
she administers a CDL Skills Test.
5) The testing unit must notify the
Department in writing within 3 business days of the termination or departure
from the testing unit of any driving tester.
6) A testing unit's place of business must be
a separate establishment and may not be part of a home. The unit's physical
address must not be a post office box.
7) The testing unit must have written
permission from the landowner to administer the CDL vehicle basic control
skills exercises on areas not owned by the testing unit. This written
permission must be submitted to the Department for approval prior to testing
and renewed annually.
8) The
testing unit must maintain at least one employee who is licensed as a CDL
driving tester or contract with at least one person who is licensed as a CDL
driving tester.
9) The testing unit
must ensure that the unit's driving tester(s) follow the Department's standards
for administering the CDL Skills Test.
10) The testing unit must ensure that the
unit's driving tester(s) complete all CDL third party testing forms
correctly.
11) The testing unit
must ensure that the unit's driving tester(s) administer the CDL Skills Test to
applicants in a vehicle equal to or lower than the class and/or endorsement,
and/or restriction on applicant's CDL instruction permit or CDL.
12) Once a new driving tester candidate has
passed the required 8 day new CDL third party tester's training course, the
testing unit must ensure that within thirty (30) days the new tester candidate:
a) Applies for his/her third party testers
license;
b) Administers two (2)
shadow skills tests while accompanied by a licensed driving tester who shall
monitor the test and compare pass-fail results with those of the new driving
tester candidate; and
c) Completes
an application for the fingerprint/background check.
13) The testing unit is responsible for
ensuring that driving testers attend all mandated training provided by the CDL
Compliance Unit. Failure of driving testers to attend scheduled training may
result in the suspension of testing privileges for the testing unit and the
tester.
14) The testing unit must
schedule all tests utilizing CSTIMS. The testing unit or driving tester must
notify the CDL Compliance Unit of all canceled tests via CSTIMS as soon as the
testing unit or driving tester is aware of the cancellation. The testing unit
or driving tester must notify the Department of all tests scheduled or schedule
changes via CSTIMS at least three (3) days in advance of the test. Tests not
administered due to weather conditions or a vehicle failure may be rescheduled
with approval from a CDL Compliance Unit.
a)
The testing unit is not permitted to schedule an applicant more than once
within any two (2) day period.
b)
Testing units must identify the applicant in Scheduled Comments in CSTIMS as
public, employee, or student.
c)
The test must begin within 15 minutes before and no later than 15 minutes after
its scheduled time. The test begins when the driving tester reads the vehicle
inspection overview to the applicant.
15) The testing unit must ensure that:
a) The driving tester enters into CSTIMS all
test results immediately after the completion of the test;
b) The test results entered into CSTIMS match
the Class, Endorsements, and Restrictions of the vehicle in which the applicant
has successfully completed the CDL Skills Test; and
c) The driving tester uploads the correct score forms
into CSTIMS.
d) The driving tester
obtains a copy of the completed affidavit reflecting successful completion of
training on the recognition, prevention, and reporting of human trafficking
from each initial applicant for a Class A CDL who has attended a commercial
driving school certified for approval by the Private Occupational Schools
Division in the Department of Higher Education, and that the driving tester
uploads a copy of the completed affidavit into CSTIMS.
16) The testing unit must administer CDL
Skills Tests only on Department approved testing areas and routes.
17) The testing unit must ensure all three
portions of the CDL Skills Test are conducted during daylight.
18) The testing unit must ensure the vehicle
being used for testing does not have any labels or markings that indicate which
components are to be inspected by an applicant during the vehicle inspection
portion of the CDL Skills Test. Manufacturer labels and/or markings are
permitted.
19) The testing unit
must enter into an agreement with the Department containing, at a minimum,
provisions that:
a) allow the FMCSA, the
Department, and their representatives to conduct random inspections and audits
without prior notice;
b) allow the
Department to conduct on-site inspections at least annually and as
needed;
c) require all driving
testers to meet the same training and qualifications as state examiners, to the
extent necessary to conduct CDL Skills Tests in compliance with these rules and
regulations;
d) at least annually,
allow the Department at its discretion to take the tests administered by the
testing unit as if the Department employee was an applicant, or test an
applicant who was tested by the testing unit to compare pass-fail results;
and
e) reserve to the Department
the right to take prompt and appropriate action against any testing unit or
driving tester when they fails to comply with Department or federal standards
or any other provisions in the contract or the rules and regulations.
20) A driving tester and a testing
unit shall charge fees only in accordance with section
42-2-406, C.R.S. and this rule. A
driving tester and a testing unit shall only charge for tests administered.
a) Except as otherwise provided in paragraph
(b) of this subsection (20), the maximum total fee, including but not limited
to any administrative fee, for administering a CDL Skills Test or retest to an
applicant is two hundred seventy-five dollars ($275.00).
b) The maximum total fee, including but not
limited to any administrative fee, for administering a CDL Skills Test or
retest to an employee or volunteer of a nonprofit organization that provides
specialized transportation services for the elderly and for persons with
disabilities, to any individual employed by a school district, or to any
individual employed by a board of cooperative services is one hundred
twenty-five dollars ($125.00).
21) The testing unit must make all CDL
testing records available for inspection during normal business
hours.
22) The testing unit must
hold the state harmless from liability resulting from the administration of the
CDL program.
23) The testing unit
must make an annual application for renewal of the unit's testing license and
individual driving tester license(s) before the license expires on June 30th of
each year.
24) The Testing Unit
must ensure that each driver to be tested has met all applicable requirements
with regard to ELDT.
J.
DRIVING TESTER REQUIREMENTS
1)
The driving tester must possess a valid USDOT medical card and a valid CDL with
the appropriate class and endorsement(s) to operate the vehicle(s) in which the
CDL Skills Test is administered.
2)
The driving tester must conduct the full CDL Skills Test in accordance with
Department procedures and must use the Colorado CDL Skill Test Score
Form.
3) The driving tester must
complete all CDL third party testing forms correctly.
4) The driving tester must administer all
portions of the CDL Skills Test in English.
5) Interpreters are not allowed for any
portion of the CDL Skills Test.
6)
The driving tester agrees to hold the State harmless from any liability arising
from or in connection with a CDL Skills Test.
7) The driving tester must only test if the
driving tester has a valid tester license issued by the Department.
8) The driving tester must test in the CDL
class of vehicle or endorsement(s) group authorized by the
Department.
9) Prior to
administering the CDL Skills Test, the driving tester must ensure that the
driver has in his/her immediate possession, a valid USDOT medical card, and a
valid CLP for operating the class and endorsement(s), and/or restriction(s) of
the vehicle being used for testing.
a) The
driving tester must ensure that the instruction permit has been held by the
applicant for at least fourteen (14) days prior to taking the skills
test.
b) The driving tester must
also ensure the applicant has in his/her immediate possession a valid driver's
license and must compare the photo on the license to the applicant to verify
identity.
c) The driving tester
must obtain a copy of the completed affidavit reflecting successful completion
of training on the recognition, prevention, and reporting of human trafficking
from each initial applicant for a Class A CDL who has attended a commercial
driving school certified for approval by the Private Occupational Schools
Division in the Department of Higher Education.
10) The driving tester must administer the
CDL Skills Test to applicants in a vehicle equal to or lower in class and/or
endorsement(s), and/or restriction(s) than the applicant has on his or her
CLP.
11) The driving tester must
administer the CDL Skills Test only on Department approved testing areas and
routes.
12) The driving tester must
administer all three portions of the CDL Skills Test during daylight.
13) The driving tester must ensure that the
vehicle in which the CDL Skills Test will be administered is in proper working
and mechanical order.
14) The
vehicle inspection, the basic vehicle control skills, and the on-road driving
test must be administered by the same driving tester in sequential order with
no more than a 15-minute break between each portion of the CDL Skills Test. CDL
Skills Test must be scheduled to avoid a lunch break.
15) The Department may issue a driving tester
license to a driving tester candidate upon the successful completion of the
following requirements:
a) A testing unit
must submit an application requesting that the driving tester candidate be
granted a driving tester license;
b) The driving tester candidate must be an
employee of the testing unit submitting the application or under contract with
the testing unit submitting the application.
c) The driving tester candidate must
successfully complete the 8 day new CDL third party tester's training
course;
d) Within 30 days following
the date the driving tester candidate completes the 8 day new CDL third party
tester's training course, the driving tester candidate must:
i. Administer two (2) shadow skills tests
while accompanied by a licensed driving tester who shall monitor the test and
compare pass-fail results with those of the new driving tester candidate; and
ii. Complete the application for
the fingerprint/background check.
e) All licensing fees must be received by the
Department.
16) The
driving tester must inform the applicant that he/she may be randomly selected
for a retest as mandated by 49 CFR.
17) A driving tester may administer a CDL
Skills Test on behalf of any licensed testing unit. The driving tester may
administer tests for more than one unit. However, for a driving tester to
conduct testing on the unit's behalf, the driving tester must be an employee of
the testing unit submitting the application or under contract with the testing
unit submitting the application. The driving tester must keep all CDL records
separate for each testing unit.
18)
If an applicant fails any portion(s) of the CDL Skills Test, he or she must
return on a different day and perform all three (3) portions of the CDL Skills
Test over again.
19) In order to
qualify for renewal, the driving tester must administer a minimum of ten (10)
CDL Skills Tests with different applicants within the twelve-month period
preceding the application for renewal from the Department.
20) The driving tester must:
a) Enter into CSTIMS all test results
immediately after the completion of the test;
b) Ensure that the test results entered into
CSTIMS match the Class, Endorsements, and Restrictions of vehicle in which the
applicant has successfully completed the CDL Skills Test; and
c) Upload the original correct score forms
into CSTIMS.
d) Upload into CSTIMS
the completed affidavit reflecting successful completion of training on the
recognition, prevention, and reporting of human trafficking from each initial
applicant for a Class A CDL who has attended a commercial driving school
certified for approval by the Private Occupational Schools Division in the
Department of Higher Education.
21) Upon leaving a testing unit, the driving
tester's license may be transferred to another testing unit within three (3)
months. If, within three (3) months, the driving tester is not employed as a
driving tester at a licensed testing unit or contracted as a driving tester
with a licensed testing unit, the tester will be required to attend a new
tester training class in order to be licensed by the Department. All training
and license fees will apply and are the responsibility of the tester.
22) The driving tester cannot administer the
CDL Skills Test to an applicant with whom he/she has conducted in- vehicle
skills training.
23) The driving
tester must ensure that each driver to be tested has met all applicable
requirements with regard to ELDT.
K.
COURSE AND ROUTE REQUIREMENTS
1) A testing unit should have a paved area or
a flat hard surface for the CDL vehicle inspection and for the entire basic
control skills exercise area that contain:
a)
Solid painted lines that are at least 4 inches in width and traffic cones
marking the testing boundaries in accordance with Department standards.
i. Traffic cones, used to mark the painted
testing boundaries, must be a minimum of eighteen inches in height, and the
same size traffic cones must be used for each exercise. Traffic cones must be
replaced when they no longer retain their original shape and color.
b) Boundary lines and cones
clearly visible in the basic control skill exercise testing area.
i. The testing area boundaries must be
cleared of snow, debris, and vehicles that would obstruct the applicant's view
during the basic control skill exercise.
2) The testing unit must request and receive
approval from the Department for any change(s) to the approved road test route
prior to administering a CDL road test.
L.
RIGHTS
1) The driving tester or testing unit may
refuse to test an applicant. The driving tester or testing unit contact person
must notify the CDL Compliance Unit if an applicant is refused a test and must
refer that driver to the CDL Compliance Unit.
2) Government driving testers who want to
test outside of their governmental testing unit may make a written request to
the CDL Compliance Unit, and must receive approval from the CDL Compliance Unit
prior to administering CDL Skills Tests outside of their governmental testing
unit.
M.
RECORDING
AND AUDITING REQUIREMENTS
1) The
testing unit must maintain all pass/fail records for three years. These must
include the CDL Skills Testing records for each applicant tested, the dates of
the testing, the applicant's identification information, a copy of the
completed affidavit reflecting successful completion of training on the
recognition, prevention, and reporting of human trafficking from each initial
applicant for a Class A CDL who has attended a commercial driving school
certified for approval by the Private Occupational Schools Division in the
Department of Higher Education, the vehicle information and the name and state
assigned driving tester number for the driving tester who administered the
test, and documentation that each driver subject to ELDT requirements has met
those requirements. If a testing unit is no longer licensed, the unit must
return all testing records to the Department within 30 days.
a) After three years, testing units must
destroy all pass/fail records (shred, burn).
2) A testing unit must enter all (pass and
fail) CDL Skills Test results into CSTIMS immediately after the test including
the upload of the score form and, for each initial applicant for a Class A CDL
who has attended a commercial driving school certified for approval by the
Private Occupational Schools Division in the Department of Higher Education, a
copy of the completed affidavit reflecting successful completion of training on
the recognition, prevention, and reporting of human trafficking.
3) During CDL compliance audits and/or
inspections, driving testers must cooperate with the Department and/or FMCSA by
allowing access to testing areas and routes, furnishing CDL Skills Testing
records and results, and providing other items pertinent to the mandated audit
and/or inspection. The driving tester must surrender testing records upon
request. The driving tester may make copies and retain copies of such
records.
4) If the testing unit
provided the vehicle for the CDL Skills Test, the testing unit will furnish the
vehicle for an applicant driver selected for a retest. No fees, including any
vehicle rental fees required for testing, will be collected for this mandatory
evaluation. The Department is not liable during retests for any damage, injury,
or expense incurred.
5) If the
applicant tested in his/her own vehicle, the applicant will supply the vehicle
for any CDL Skills Retest.
N.
BOND
1) A testing unit that is not an agency of
government, or a Colorado school district, must maintain a bond in the amount
of $20,000.00 with the Department pursuant 49 CFR. A surety company authorized
to do business within the State of Colorado must execute the bond.
a) The bond must be for the use and benefit
of the Department in the event of a monetary loss suffered by the Department
that falls within the limitations of the bond, attributable to the willful,
intentional, or negligent conduct of the testing unit or its agent(s) or
employee(s).
b) If the amount of
the bond is decreased or terminated, or if there is a final judgment
outstanding on the bond, the testing unit cannot test outside their
unit.
c) The Department must be
named on the bond as the beneficiary or the bond must be held in the name of
the Department.
2) A
testing unit that is an agency of government, or any Colorado school district,
that will administer CDL driving tests outside of their unit, must maintain a
bond in the amount of $5,000.00 with the Department. A surety company
authorized to do business within the State of Colorado must execute the bond.
a) The bond must be for the use and benefit
of the Department in the event of a monetary loss within the limitations of the
bond, attributable to the willful, intentional or negligent conduct of the
testing unit or its agent(s) or employee(s).
b) If the amount of the bond is decreased or
terminated, or if there is a final judgment outstanding on the bond, the
testing unit cannot test outside their unit.
c) The Department must be named on the bond
as the beneficiary or the bond must be held in the name of the
Department.
O.
REVOCATION, CANCELLATION, OR
SUSPENSION OF TESTING UNITS AND TESTERS
1) The license of a testing unit or driving
tester may be suspended or revoked for willful or negligent actions that may
include but are not limited to any of the following:
a) Misrepresentations on the application to
be a testing unit or a driving tester;
b) Improper testing and/or certification of
an applicant driver who has applied for a CDL;
c) Falsification of test documents or
results;
d) Violations of CDL rules
for testing units or driving testers;
e) Failure to employ a minimum of at least
one licensed CDL driving tester or contract with a minimum of one licensed CDL
driving tester;
f) Failure to
comply or cooperate in a CDL Compliance audit and record review;
g) Violations of the contract terms and
conditions;
h) For any other
violation of this rule or applicable state statute or federal
regulation.
2) A testing
unit or driving tester that is suspended must not perform any duties related to
CDL third party testing.
3) Summary
Suspension: Where the Department has objective and reasonable grounds to
believe and finds that a testing unit or driving tester has been guilty of a
deliberate and willful violation or that the public health, safety, or welfare
imperatively requires emergency action and incorporates the findings in its
order, it may summarily suspend the license pending proceedings for suspension
or revocation which will be promptly instituted and determined. Testing is not
permitted while the license is suspended.
4) Appeal Process: Any person aggrieved by
the denial of issuance, denial of renewal, suspension, or revocation of a
testing unit license or driving tester license is entitled to a hearing
pursuant to section 42-2- 407(7), C.R.S. Except as otherwise provided in
paragraph (3) of this subsection O, the request for hearing must be submitted
in writing and appropriately labeled, such as "CDL Cease Testing Appeal," to
the Department of Revenue, Hearings Division, 1881 Pierce Street, Room 106,
Lakewood, Colorado, 80214. Subsequent appeals may be had as provided by
law.