Current through March 20, 2024
003.01
Certificate.
A Third-Party Tester, before administering in or attempting
to administer skills testing, shall hold a certificate issued or renewed by the
Department authorizing the Third-Party Tester to engage in skills testing for a
CDL.
003.02
Requirements for Certification.
To have a certificate issued, renewed or remain in effect,
the Third-Party Tester shall demonstrate it meets the following
requirements:
003.02A Be a person,
including, but not limited to, another State, a motor carrier, a private driver
training facility or other private institution, or a department, agency or
instrumentality of a local government, authorized by the Department to employ
skills test examiners to administer the CDL skills tests specified in 49 CFR
Part 383 and pursuant to Neb.Rev.Stat. 60-4,158;
003.02B Ensure that each Third- Party
Examiner who conducts the driving skills test is certified in accordance with
009 of these rules and regulations;
003.02C Third-Party Testers that are not
government entities are required to initiate and maintain a $25,000 bond to pay
for re-testing drivers in the event that the third party tester or one or more
of its examiners is involved in fraudulent activities related to conducting
skills testing for applicants for a CDL;
003.02D Designate an individual authorized to
act on behalf of the third party as the Third-Party Tester's contact person
with the Department;
003.02E
Continuously maintain a place of business which includes at least one (1)
permanent, regularly occupied structure within the State of Nebraska;
003.02F Must only use Department certified
Third-Party Examiners;
003.02G
Require all Third -Party Examiners to have a nationwide criminal background
check prior to certification; and
003.02H Must require all Third-Party
Examiners to attend a DMV-approved training course at a minimum of every four
(4) years.
003.03
Application for Certification.
If a certificate or renewal of a certificate is desired, the
Third-Party Tester shall:
003.03A
Submit a completed application form, DMV 06-52, to the Department and include
at a minimum, the following:
003.03A1 The
legal name, current address and telephone number of the Third-Party Tester's
principal office or headquarters in Nebraska;
003.03A2 The name, title, current address,
telephone number, and e-mail address of the individual who has been designated
the applicant's contact person with the Department;
003.03A3 The name, date of birth, driver's
license number, email address, phone number and current home address of those
full-time, payroll employees who are certified by the Department as Third-Party
Examiners;
003.03A4 The address of
each Nebraska location where the applicant intends to conduct the skills test
and a description of the off-road facilities as well as a map and written
description of the test route (not to exceed one (1) test route per Third-Party
Examiner) that will be used for the on-road portion of the skills
test;
003.03A5 The name, date of
birth, driver's license number, e-mail address, phone number and current home
address of those employees who desire certification by the Department as
Third-Party Examiners; and,
003.03A6 Signature of the applicant or his or
her designated representative certifying that the information included in the
application is true and accurate.
003.03B
Fee. Enclose a check or money order made out to the
Department of Motor Vehicles for the $ 100.00 fee with the completed
application; and,
003.03C
Agreement. Complete a Third-Party Tester
Agreement with the Department.
003.03D
Surety
Bond. If the Third-Party Tester is not a government entity,
submit a $25,000 bond to be sufficient to pay for re-testing drivers in the
event that the Third-Party Tester or one or more of its examiners is involved
in fraudulent activities related to conducting skills testing for applicants
for a CDL.
003.04
Pre-approval Inspection.
Upon receipt of a completed application, the Department will
conduct an on-site inspection of the location(s) where the third- party intends
to conduct the skills test and the proposed test route(s).
003.05
Approval.
The Department has thirty (30) days after receipt of a
completed application for certification to determine if the applicant will be
permitted to enter into a Third -Party Tester Agreement with the Department.
The Department will approve or deny the application in the form of a written
notice to the applicant.
003.06
Display of
Certificate.
Once certified, the Third -Party Tester must display the
certificate prominently in the office of the Third-Party Tester.
003.07
Term.
The certification to conduct third-party testing shall be
valid for two (2) years.
