Code of Colorado Regulations
200 - Department of Revenue
204 - Division of Motor Vehicles
1 CCR 204-30 - DRIVER LICENSE-DRIVER CONTROL
9 - MOTORCYCLE RULES AND REGULATIONS FOR RST ORGANIZATIONS AND RST TESTERS

a) Department: The Department of Revenue.

b) DRIVES: Driver License Record Identification Vehicle Enterprise Solution.

c) DTE: Driver Testing and Education within the Driver License Section of the Department of Revenue, Division of Motor Vehicles.

d) Motorcycle License Written Examination (Examination): The DR 2256 or DR 2321 Motorcycle License Written Examination or an electronic equivalent.

e) MSF: Motorcycle Safety Foundation.

f) Organization: A third party testing organization to become an RSTO that has yet to be certified as a RSTO by the Department.

g) Rider Skills Test (RST): A motorcycle operating skills test in which the applicant demonstrates the applicant's ability to exercise ordinary and reasonable care and control in the operation of the motorcycle while observed and graded by an RST Tester.

h) Rider Skills Tester (RST Tester): An individual third party motorcycle rider skills tester certified by the Department to administer (including proctoring and grading) a Rider Skills Test and/or a Motorcycle License Written Examination.

i) Rider Skills Testing Certification (RST Certification): A certification issued by the Department authorizing an individual or third party testing organization to administer Rider Skills Tests and Examinations to applicants seeking a motorcycle endorsement.

j) Rider Skills Testing Course (RST Course): A course measured and painted according to Motorcycle Safety Foundation standards and pre-approved by the Department for use in RST testing.

k) Rider Skills Testing Organization (RSTO): A third party testing organization certified by the Department to administer Rider Skills Tests and Examinations through an RST Tester.

l) Third Party Exam Completion Statement (TPE): Form generated by DRIVES as a receipt to the applicant that the RST Tester has entered exam information into DRIVES.

m) Transaction Completion Statement (TCS): Form generated by DRIVES that indicates data was entered into DRIVES for a submitted exam.

a) Only an organization certified by the Department pursuant to this Rule 9 can employ an individual to administer an RST, Examination, or issue documents indicating test completion.

b) A third party organization must enter into a written contract with the Department in order to be certified by the Department.

c) An RSTO must notify the Department in writing within three business days of:

d) An RSTO must notify the Department in writing within three business days of the loss of use of an RST Course or the addition of an RST Course, or if an RST Course no longer meets the requirements listed in subsection 300 of this rule.

e) All Examinations and RST testing must be equivalent to tests administered by the Department.

f) Tests administered by RST Testers must be consistent with RST Tester training and only the DR 2610 Rider Skills Test Score Sheet provided by the Department may be used.

g) An RSTO cannot administer an RST or an Examination; only an RST Tester can administer an RST or Examination for his/her RSTO employer.

h) Every organization's owner and manager must complete records management training provided by the Department before the organization may be certified as an RSTO.

i) An RSTO must comply with, and ensure that any RST Tester it employs complies with, applicable Colorado Revised Statutes, Rules and Regulations, and Department orders.

j) An RSTO must provide the Department with the RSTO's physical and mailing addresses, unique email addresses for the RSTO and each employee, a contact phone number, and the name of one contact person who is an employee or principal of the RSTO.

k) An RSTO must provide the Department a Colorado Bureau of Investigation background check for each certified employee.

l) The Department may deny or revoke the certification of an RSTO if an owner, director, or manager has been convicted of a felony or any offense involving moral turpitude. Conviction includes a plea of guilty or nolo contendere or a deferred sentence, however a person who receives a deferred sentence shall not be deemed to have been convicted if the person has successfully completed a deferred sentence.

m) An RSTO must have proof of current and valid general liability insurance and worker's compensation insurance in the form of an insurance certificate, if required by the Workers' Compensation Act [Sections 8-40-101, et. seq. C.R.S.], on file with the Department at all times.

n) In the event an RSTO's certification is not renewed, or is revoked or suspended, all individual RST Tester certifications for that RSTO will be revoked, suspended, or not renewed.

o) The Department will issue a unique tester number, login, and password to each RST Tester.

Unauthorized use of an assigned number by any RSTO employee may result in revocation or suspension of the RSTO's certification.

p) The RSTO must ensure that complete and accurate information is entered into DRIVES by an RST Tester.

q) The RSTO must ensure multiple TCSs, or TCSs that have been incorrectly entered from pass to fail or fail to pass requiring the result be reversed, are stapled to supporting score sheets/written examinations.

r) The RSTO must ensure that the TPE is provided to the applicant by the RST Tester.

s) The RSTO must ensure that nothing marks or covers the TCS barcode, and ensure that the barcode is readable by a barcode scanner.

u) An RSTO must refer the following to a Colorado driver license office:

v) RSTOs must complete and submit a typed DR 2067 New RST Employee Request for a prospective RST Tester prior to requesting training or certification for a prospective RST Tester.

a) Only an individual certified by the Department as an RST Tester pursuant to this Rule 9 can administer an RST, an Examination, or issue documents indicating test completion.

b) An RST Tester may be employed by more than one RSTO. An RST Tester employed by more than one RSTO will be issued a separate tester number for each RSTO employing the RST Tester. An RST Tester certification is valid only while the Tester is employed by the RSTO listed on the certificate.

c) Testing of applicants must be consistent with RST Tester training and RST Testers must use only the DR 2610 Rider Skills Test Score Sheet provided by the Department.

d) An RST Tester must comply with applicable Colorado Revised Statutes, Rules and Regulations, and Department orders.

e) The Department may deny or revoke certification of an RST Tester who has been convicted of a felony or any offense involving moral turpitude. Conviction includes a plea of guilty or nolo contendere or a deferred sentence, however a person who receives a deferred sentence shall not be deemed to have been convicted if the person has successfully completed a deferred sentence.

f) An RST Tester must follow the Department's standards when administering an RST or an Examination.

g) The Department will issue a unique tester number and login/password to each RST Tester. RST Testers must use only their own login and password to access DRIVES, and must not authorize any other person to use his/her login password or unique tester number.

h) An RST Tester must refer the following to a Colorado driver license office;

i) An RST Tester cannot administer an RST or Examination to a member of their immediate family.

"Immediate family" is defined in section 42-1-102 (43.5), C.R.S.

j) An RST Tester must enter complete and accurate information into DRIVES.

a) An RSTO must ensure that its RST Course meets Departmental requirements for the RST. The Department has adopted testing and course standards contained in Motorcycle Safety Foundation, Inc., MSF Rider Skill Test, Motorcycles & 3-wheel Motorcycles, Examiner Study Guide, Seventh Printing: July 2016, at 12-20, incorporated herein by reference. A copy of the MSF Rider Skill Test, Motorcycles & 3-wheel Motorcycles may be obtained by contacting Motorcycle Safety Foundation, 2 Jenner, Suite 150, Irvine, CA 92618-3806 ("MSF Examiner Study Guide").

b) An RSTO must provide the Department a signed DR 2149 RST Land Use Authorization for each RST Course used by the RSTO to administer an RST, authorizing the RSTO to paint the RST Course and to administer RSTs on the property.

c) A DR 2149 RST Land Use Authorization must be filed with the Department before an RST Course will be approved.

d) Only RST Courses approved by the Department may be used to administer the RST.

e) When in use, an RST Course surface must be free from defects; foreign matter including, but not limited to, debris, sand, gravel, water, ice, and snow; and any object not authorized in the MSF Examiner Study Guide, pages 12-20.

f) An RST Course that measures over ½ of one inch outside MSF standards, as referenced in the MSF Examiner Study Guide, pages 12-20, does not meet Department requirements, and approval of that course will be suspended.

g) All RST Course markings must be plainly visible and accurate.

a) An RSTO must allow the Department to conduct random inspections and audits of the organization's RST testing records, procedures, and RST Course(s).

b) Prior to administering an RST, RST Testers must verify in DRIVES that the applicant has a valid driver license and a valid motorcycle instruction permit in his/her immediate possession.

c) An RSTO must ensure that RSTs are administered only by RST Testers certified to administer an RST and employed by that RSTO.

d) RSTs may be administered only during daylight hours. For purposes of this rule, daylight hours means the period between one-half hour before sunrise and one-half hour after sunset.

e) An RSTO and RST Tester must ensure that all testing forms are completed correctly and accurately prior to entering information into DRIVES.

f) The TCS must not be entered until after an applicant has completed the RST.

g) An RST Tester's entry of information into DRIVES for generation of a TCS constitutes a representation by the RST Tester that the applicant whose name is entered has completed the RST.

h) RST Testers must note all failures on an applicant's DR 2610 Rider Skills Test Score Sheet and enter the failure into DRIVES immediately.

i) RST Testers must ensure that the 2-Wheel/3-Wheel vehicle used for testing is 50 CC or greater.

j) Only one rider and the RST Tester are allowed on an RST Course during the RST. No other person is allowed on the RST Course during the RST.

k) All portions of the RST must be completed consecutively by an applicant.

l) Applicants must take the RST on a motorcycle that meets state requirements for equipment, safety, insurance, and motor vehicle registration.

m) An applicant under 18 years of age must wear a helmet that meets the standards described in section 42-4-1502 (4.5) C.R.S. while testing.

n) An RST Tester must not administer more than one complete RST per day to an applicant.

o) An RST must be equivalent to testing administered by the Department.

p) RST Testers must ensure that applicants who take a 2-Wheel or 3-Wheel RST receive a TCS reflecting whether the vehicle used in the test was a 2-Wheel or 3-Wheel vehicle.

a) RST Testers administering the Examination must immediately issue the TPE to the applicant upon completion of the test. The TPE is valid for 180 days from the date of issue. Only the RST Tester who administered the Examination may enter this information into DRIVES.

b) RST Testers administering Examinations must:

c) Applicants may use an interpreter for the Examination. An RST Tester may serve as an interpreter.

d) An interpreter must be at least 16 years old and show an unexpired driver license from any state in the United States.

e) An interpreter may only interpret the questions and answer choices.

f) Examinations must not be used as "practice" or "pre" tests or for any other unauthorized purpose.

g) DR 2256 or DR 2321 Motorcycle License Written Examinations may not be copied outside the physical facilities of the RSTO, unless the Examinations remain under the direct supervision and control of the RSTO.

h) TCSs must not be entered into DRIVES until after a student has completed the Examination.

i) RST Testers administering the DR 2256 or DR 2321 Motorcycle License Written Examination must confirm upon renewal of their certification to administer Motorcycle License Written Examinations that they have the most current version of Examinations and corresponding Examination keys.

j) Examinations must be administered (including proctoring and grading) by an RST Tester with a certification to administer an Examination.

k) The RST Tester administering the Examination is responsible for the accurate grading of the DR 2256 or DR 2321 Motorcycle License Written Examination.

l) Testers must ensure that the applicants who complete the Examination receive a TPE that reflects the correct type of vehicle.

m) All Motorcycle License Written Examination scores must be entered into DRIVES immediately upon completion by the RST Tester who administered the Examination.

a) Records and documents must be filed and maintained at a single and secure location in chronological (date) order, separated by months.

b) All non-electronic records, including TCS must be retained by the RSTO for three years from the date of the document, after which they must be securely shredded.

c) Regardless of pass or fail, all Examinations must be:

d) Regardless of pass or fail, all RSTs must be:

e) All TCSs must be accounted for and unused Department forms must be stored in a single and secure location.

f) Post-dating, pre-dating, or partial completion of any Department form is prohibited.

a) Departmental audits may be conducted at the RSTO's office, the Department's office, or at another location as determined by the auditor.

b) The Department will conduct audits as often as the Department deems necessary to review all required records. Records will be checked for accuracy and completeness, including, but not limited to, missing records, and, in the case of TCSs, for chronological filing sequence separated by month.

c) An RSTO must cooperate with the Department, including allowing access to Examination and RST testing areas, and supplying student names and Examination and RST testing records, results, and any other items requested by the Department.

d) RSTO records must be accessible during the RSTO's normal business hours.

e) RSTO records must be provided or made available to a Department representative upon request.

f) An RSTO must receive a score of 80% or higher to pass an audit. Records management and/or continuing education may be required for an RSTO that fails an audit. Failing an audit will also result in a notice of a serious violation. Two or more audit failures may result in suspension or revocation of certifications.

a) RSTO and RST Tester certifications must be renewed annually on or before June 30th.

b) Renewal applications are due on June 1st of each calendar year. Failure to submit a sufficient application on or before June 1st may result in an RSTO's or RST Tester's certification not being renewed, and the Department will not honor exams entered into DRIVES by the RSTO or RST Tester on or after July 1st.

c) Incomplete renewal applications will be deemed as not received and will be returned to the RSTO submitting the application.

d) An organization that fails to renew its RSTO certification is no longer authorized to administer an RST, Examination, or enter information into DRIVES.

e) An RSTO must submit a current Colorado Bureau of Investigation background check for each certified employee with its renewal packet.

a) After a notice and hearing pursuant to the State Administrative Procedure Act [sections 24-4-101, et. seq., C.R.S.], a certification(s) may be suspended or revoked for violations of any applicable Colorado Revised Statute, Rule, or Regulation, or Department order, including but not limited to any of the following:

b) The Department will provide information concerning illegal activity to the appropriate law enforcement authority.

c) If an applicant's Examination or RST testing was improper, illegal, or fraudulent, the Department may cancel the applicant's motorcycle endorsement.

d) Notwithstanding anything to the contrary in this rule 9, pursuant to section 24-4-104(4), C.R.S., where the Department has objective and reasonable grounds to believe and finds, upon a full investigation, that an RSTO or RST 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 certification of the RSTO or RST Tester pending proceedings for suspension or revocation which shall be promptly instituted and determined. For purposes of this subsection, "full investigation" means a reasonable ascertainment of the underlying facts on which the Department's action is based.

a) The materials in this Rule incorporated by reference do not include later amendments to or editions of the materials. The materials 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.