Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 281A.160(4), 49 C.F.R. 383.75, 49 C.F.R.
383.131
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.160(5) and (8)
require the Kentucky State Police to promulgate administrative regulations for
third-party CDL skills test examiners. This administrative regulation
establishes the minimum qualifications, mandatory training requirements, and
prohibited conflicts of interest for third-party CDL skills test
examiners.
Section 1. Definitions.
(1) "AAMVA" means the American Association of
Motor Vehicle Administrators.
(2)
"CDL" means a commercial driver license.
(3) "DOE" means the Kentucky Department of
Education.
(4) "Family member"
means:
(a) The current and former spouse, if
any, of a third-party skills test examiner;
(b) A person within the third degree of
relationship to any of them; or
(c)
The spouse of that person.
(5) "FMCSA" means the Federal Motor Carrier
Safety Administration.
(6) "KSP"
means the Kentucky State Police.
(7) "MOA" means memorandum of
agreement.
(8) "Third-party CDL
skills test examiner" means an employee of the DOE or a local board of
education who, pursuant to a MOA entered into between KSP and their employer,
administers CDL skills tests to other DOE or local board of education employees
who are seeking a CDL to operate publicly-owned school buses, and persons
retained by KSP under contractual agreement to administer CDL skills test to
CDL applicants.
Section
2. Third-Party CDL Skills Test Examiner Minimum Qualifications.
DOE employees or persons seeking to enter a contractual agreement with KSP to
act as a third-party CDL skills test examiner shall satisfy the following
minimum qualifications for initial appointment and retention. The individual:
(1) Shall not have accrued more than six (6)
demerit points on their driving record;
(2) Shall possess a high school diploma or
GED;
(3) Shall, if a DOE employee,
possess a Class A or B CDL with passenger and school bus
endorsements;
(4) Shall, if a
third-party contract examiner, possess:
(a) A
Class A CDL with all available endorsements; and
(b) Previous experience as a CDL skills test
examiner or two (2) years' experience within the past five (5) years as a
licensed Class A or B CDL operator in good standing;
(5) Shall maintain their CDL license with all
endorsements required by subsections (3) and (4) of this section;
(6) Shall pass one (1) complete battery of
forms A, B, or C of the CDL knowledge tests administered by KSP. These tests
shall be retaken every four (4) years;
(7) Shall pass the CDL skills test
administered by KSP in the type of commercial vehicle in which they will test
CDL applicants. This CDL skills test shall be retaken every four (4) years at
the direction of KSP; and
(8) Shall
give written consent to KSP to conduct a Kentucky criminal history records
check, and further give written consent to an updated Kentucky criminal history
records check being performed every four (4) years. Persons who are determined
to have felony or misdemeanor convictions involving violence, dishonesty, or
moral turpitude may be rejected for appointment, or have their appointment as a
third-party CDL skills test examiner revoked.
Section 3. Third-Party CDL Skills Test
Examiner Mandatory Training Requirements.
(1)
(a) Except as provided in paragraph (b) of
this subsection, persons appointed as a third-party CDL skills test examiner
shall successfully complete the initial forty (40) hours of CDL skills test
examiner training conducted by KSP and pass all exams associated with the
training. This training shall be approved by AAMVA and FMCSA. Certificates of
completion shall be issued by KSP upon successful completion of this
training;
(b) Persons who have
previously administered CDL skills tests for KSP and who have completed this
training within the past two (2) years shall be waived from this training
requirement.
(2)
Third-party skills test examiners shall attend and successfully complete an
annual ten (10) hour in-service training conducted by KSP.
(3) Third-party skills test examiners shall
participate in the certification process for CDL examiners administered through
AAMVA. This certification shall be sought and maintained through KSP. It shall
be the responsibility of the third-party skills test examiner to pay all fees
charged by AAMVA to obtain and maintain this certification. Failure to obtain
this certification within two (2) years from the date of appointment as a
third-party CDL skills test examiner shall be grounds for revocation of
appointment.
(4) Third-party CDL
skills test examiners shall be issued identification cards and a unique
examiner identification number that identifies them as a CDL examiner. The
identification card shall be carried and produced upon request of KSP. The
examiner identification number shall be recorded by the third-party CDL skills
test examiner on all CDL examination reports and related documents required by
KSP to be completed by the examiner in the course of their duties.
(5) Third-party CDL skills test examiners
shall conduct CDL skills tests in a uniform approved by KSP. KSP shall not be
responsible for the purchase or maintenance costs for this uniform.
Section 4. Additional CDL Skills
Test Requirements.
(1) Third-party skills
tests examiners shall comply with 49 C.F.R. 383.75, Subparts G and H.
(2) Third-party CDL skills test examiners
shall, without deviation, administer the CDL skills test in accordance with the
AAMVA's 2005 CDL Test System Model CDL Examiner's Manual (July 2010 version or
newer).
(3) Third-party CDL skills
test examiners shall record the CDL applicant's skills test scores.
(4) Third-party CDL skills test examiners
shall be required to keep and maintain files pertaining to CDL tests that they
have administered for a period of two (2) years. These records shall be subject
to inspection by KSP or any other state or federal entity performing an audit
of these records.
(5) Third-party
skills test examiners shall be subject annually to at least one (1) check ride
every two (2) years performed by an official observer who, at the direction of
KSP, shall ride with the examiner and observe the CDL skills test as it is
given to ensure the examiner is administering the test in full compliance with
all federal and state laws and administrative regulations.
(6) Third-party CDL skills test examiners
shall be subject to "select tests" conducted by KSP. These tests shall consist
of the CDL applicant being retested not later than two (2) days following the
original test administered by the third-party CDL skills test examiner,
utilizing commercial vehicle equipment provided by or on the behalf of the CDL
skills test applicant at no cost to KSP. The retest results shall then be
compared to verify that there are no deficiencies with the original test given
by the third-party CDL skills test examiner. If the two (2) test scores differ,
making a difference as to whether the CDL applicant passed or failed, the score
given by KSP on its retest shall be entered into the official record as the
actual score of the CDL applicant.
(7) Third-party CDL skills test examiners
shall be subject to random inspection testing by KSP or FMCSA. These tests may
consist of the third-party CDL skills test examiner administering a CDL skills
test to a CDL applicant who is an agent of KSP or FMCSA without the examiner's
knowledge of the individual's true identity.
(8) Third-party CDL examiners shall be
subject to monitoring of their testing processes by KSP or FMCSA to ensure
compliance with all federal and state laws and administrative
regulations.
Section 5.
Prohibited Conflicts of Interest.
(1) A
third-party CDL skills test examiner shall not administer a CDL skills test to
a CDL applicant who is a family member or who has received commercial truck
driving instruction training at a commercial truck driving school that is owned
or operated by a family member.
(2)
A third-party CDL skills test examiner shall not administer a CDL skills test
to a CDL applicant with whom the examiner is involved in a dating, romantic, or
other type of intimate personal relationship, regardless of whether the
examiner and applicant share a residence.
(3)
(a)
Except as provided in paragraph (b) of this subsection, a third-party CDL
skills test examiner who administers CDL skills tests under a contractual
agreement with KSP and who is a present or former commercial truck driving
school employee, shall not administer third-party CDL skills test exams to any
CDL applicant who has attended a commercial truck driving school as a student
of the examiner's present or former employer;
(b) Once a third-party CDL skills test
examiner has ceased employment with a commercial truck driving school for at
least one (1) year, the examiner may be authorized to administer CDL skills
test exams to CDL applicants who are commercial truck driving students of their
former employer, if KSP determines that the examiner can administer the exam in
a fair, unbiased, and legal manner as prescribed by the FMCSA, 49 C.F.R. Parts 383 and 384.
Section
6. Revocation of Appointment. Failure to comply with the
requirements of this administrative regulation shall be grounds for revocation
of appointment as a third-party CDL skills test examiner by KSP and shall
further constitute good cause for termination of KSP's contractual obligations
with examiners who administer CDL skills test pursuant to contract.
Section 7. Third-Party CDL Skills Test
Examiner Records. All records pertaining to selection and appointment of
third-party CDL skills test examiners shall be maintained by KSP. These records
shall be reviewed prior to renewing CDL third-party CDL skills test examiner
appointment, whether by Memorandum of Agreement with DOE or contractual
agreement with other third-party CDL skills test examiners. Third-party CDL
skills test examiner records shall contain the following information:
(1) Copy of qualification questionnaire
containing photo of individual;
(2)
Copy of DOE Memorandum of Agreement (if applicable);
(3) Copy of criminal history and driving
record;
(4) All other documents
related to the qualification and requirements of the examiner; and
(5) Any investigations, select testing and
covert testing, or monitoring conducted by KSP concerning the third-party CDL
skills test examiner.
STATUTORY AUTHORITY: KRS 281A.160(5), (8)