Current through Register Vol. 47, No. 13, December 25, 2024
(1)
Purpose and definitions. The knowledge tests required by rule
761-607.27 (321) and the skills
test required by rule
761-607.28 (321) may be
administered by third-party testers and third-party test examiners approved and
certified by the department. For the purpose of administering third-party
testing and this rule, the following definitions shall apply:
"College or university" means an Iowa
postsecondary school established under Iowa Code chapter 261B.
"Community college" means an Iowa community
college established under Iowa Code chapter 260C.
"Government agency" means the same as
defined in Iowa Code section
553.3.
"Iowa business" means a corporation,
association, partnership, company, firm, or other aggregation of individuals
that has an established place of business in this state and that is authorized
to conduct business in this state.
"Knowledge test" means the knowledge tests
required by rule 761-607.27 (321).
"Motor carrier" means the same as defined in
49 CFR Section
390.5.
"Nonprofit" means a corporation or
association that satisfies the requirements under Iowa Code chapter 498 or
504.
"Permanent commercial driver training
facility" means a facility dedicated to a program of commercial
driving instruction that is offered to employees or potential employees of the
motor carrier as incident to the motor carrier's commercial operations, that
requires at least 40 hours of instruction, and that includes fixed and
permanent structures and facilities for the off-road portions of commercial
driving instruction, including classroom, pretrip inspection, and basic vehicle
control skills. A permanent commercial driver training facility must include a
fixed and paved or otherwise hard-surfaced area for basic vehicle control
skills testing that is permanently marked and capable of inspection and
measurement by the department.
"Public transit system" means the same as
defined in Iowa Code section
324A.1.
"Regional transit system" means the same as
defined in Iowa Code section
324A.1.
"Skills test" means the skills test required
by rule 761-607.28 (321).
"Subsidiary" means a company that is partly
or wholly owned by a motor carrier that holds a controlling interest in the
subsidiary company.
"Third-party test examiner" means the same
as defined in Iowa Code section
321.187.
"Third-party tester" means the same as
defined in Iowa Code section
321.187.
(2)
Certification of third-party
testers.
a. The department may
certify third-party testers to administer knowledge and skills tests. A
third-party tester must be one of the following entities:
(1) A college or university.
(6) A public transit system or regional
transit system.
b. An
entity listed in paragraph 607.30(2)
"a" that seeks
certification as a third-party tester shall contact the motor vehicle division
and schedule a review of the proposed testing program, which shall include the
proposed testing courses and facilities, information sufficient to identify all
proposed third-party test examiners, and any other information necessary to
demonstrate compliance with 49 CFR Parts 383 and 384 as amended to October 1,
2023, applicable to knowledge and skills testing.
c. No entity shall be certified to conduct
third-party testing unless and until the entity enters an agreement with the
department that meets the requirements of
49 CFR Section
383.75 and demonstrates sufficient ability to
conduct knowledge and skills tests in a manner that consistently meets the
requirements of 49 CFR Part 383, Subpart E, and 49 CFR Part 384, Subpart B,
applicable to knowledge and skills testing.
d. The department shall issue a certified
third-party tester a certificate of authority that identifies the classes and
types of vehicles for which knowledge and skills tests may be administered. The
certificate shall be valid for the duration of the agreement executed pursuant
to paragraph 607.30(2)
"c," unless revoked by the department
for engaging in fraudulent activities related to conducting knowledge and
skills tests or failing to comply with the requirements, qualifications, and
standards of this chapter, the agreement, or 49 CFR Part 383, Subpart E, and 49
CFR Part 384, Subpart B, applicable to knowledge and skills testing.
e. The department shall revoke a certificate
of authority issued after July 1, 2023, to a third-party tester if the
third-party tester fails to administer a minimum of 50 percent of all knowledge
and skills tests given in a calendar year to Iowa applicants. However, the
department shall not revoke a certificate of authority of a third-party tester
who administers a minimum of 10 percent of all knowledge and skills tests given
in a calendar year to Iowa applicants if the remainder of the tests are given
to current or prospective employees of the third-party tester. For the purpose
of this paragraph, an "Iowa applicant" is defined as an individual who holds a
valid commercial learner's permit, commercial driver's license, noncommercial
driver's license, or nonoperator identification card issued by the department
or who otherwise qualifies as a resident of this state under Iowa Code section
321.1A(1).
(3)
Certification of
third-party test examiners.
a. A
certified third-party tester shall not employ or otherwise use as a third-party
test examiner a person who has not been approved and certified by the
department to administer knowledge or skills tests. Each certified third-party
tester shall submit for approval the names of all proposed third-party test
examiners to the department. The department shall not approve as a third-party
test examiner a person who does not meet the requirements, qualifications, and
standards of 49 CFR Part 383, Subpart E, and 49 CFR Part 384, Subpart B,
applicable to knowledge and skills testing, including but not limited to all
required training and examination and a nationwide criminal background check.
The criteria for passing the nationwide criminal background check shall include
no felony convictions within the last ten years and no convictions involving
fraudulent activities.
b. The
department shall issue a certificate of authority for each person certified as
a third-party test examiner that identifies the certified third-party tester
for which the person will administer knowledge or skills tests and the classes
and types of vehicles for which the person may administer knowledge or skills
tests. The certificate shall be valid for a period of four years from the date
of issuance of the certificate.
c.
The department shall revoke the certificate of authority for a third-party test
examiner to administer skills tests if the person holding the certificate does
not administer skills tests to at least ten different applicants per calendar
year; does not successfully complete the refresher training required by
49 CFR Section
384.228 every four years; is involved in
fraudulent activities related to conducting knowledge or skills tests; or
otherwise fails to comply with and meet the requirements, qualifications and
standards of this chapter or 49 CFR Part 383, Subpart E, and 49 CFR Part 384,
Subpart B, applicable to knowledge and skills testing. Notwithstanding anything
in this paragraph to the contrary, as provided in
49 CFR Section
383.75, if the person does not administer
skills tests to at least ten different applicants per calendar year, the
certificate will not be revoked for that reason if the person provides proof of
completion of the examiner refresher training in
49 CFR Section
384.228 to the department or successfully
completes one skills test under the observation of a department
examiner.
d. The department shall
revoke the certificate of authority for a third-party test examiner to
administer knowledge tests if the person holding the certificate does not
successfully complete the refresher training required by
49 CFR Section
384.228 every four years, is involved in
fraudulent activities related to conducting knowledge or skills tests or
otherwise fails to comply with and meet the requirements, qualifications and
standards of this chapter or 49 CFR Part 383, Subpart E, and 49 CFR Part 384,
Subpart B, applicable to knowledge testing.
e. A third-party test examiner certified by
the department to administer skills tests who is also a skills instructor shall
not administer a skills test to an applicant who received skills training from
that third-party test examiner.
f.
A third-party test examiner may only administer CDL tests for the examiner's
primary employer, unless authorized by the department to administer CDL tests
for another county or third-party tester.
(4)
Bond. As a condition of
certification in accordance with
49 CFR Section
383.75, a third-party tester that is not a
government agency as defined in Iowa Code section
553.3 must maintain a bond in
the amount of $50,000 to pay for the retesting of drivers in the event that the
third-party tester or one or more of its third-party test examiners are
involved in fraudulent activities related to conducting tests of CDL
applicants.
(5)
Training
and refresher training for third-party test examiners. All training
and refresher training required under this rule shall be provided by the
department, in form and content that meet the recommendations of the American
Association of Motor Vehicle Administrators' International Third-Party
Examiner/Tester Certification Program.
This rule is intended to implement Iowa Code section
321.187.