Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 8 - RULES AND REGULATIONS GOVERNING THE CERTIFICATION OF THIRD-PARTY TESTERS AND THIRD-PARTY EXAMINERS FOR THE COMMERCIAL DRIVER'S LICENSE
Section 247-8-007 - RECORDS, INSPECTIONS AND RETESTING

Universal Citation: 247 NE Admin Rules and Regs ch 8 § 007

Current through September 17, 2024

007.01 Records.

Any Third-Party Tester shall keep the following records at its principal place of business as follows:

007.01A A copy of the Department administer a CDL skills testing program for the classes and types of commercial motor vehicles listed;

00701B A copy of the current Third-Party Tester agreement with the Department;

007.01C A copy of the Third-Party Tester's Department approved road test routes.

007.01D Third-Party Examineor Recrd. Retain, at each approved testing location, a record of each Third-Party Examiner in the employ of each Third-Party Tester at that location. Each record shall be maintained a minimum of two (2) years after the date the Third-Party Examiner leaves the employment of the Third-Party Tester. Each record shall include:

007.01D1 A valid "Examiner Identification Card" (including name, residential address, and social security number) indicating that the Examiner has been certified by the Department;

007.01D2 A copy of the Third-Party Examiner's current driving record, which must be updated annually;

007.01D3 Evidence that the Third -Party Examiner is an full-time, payroll employee of the Third-Party Tester; and,

007.01D4 A copy of the Third-Party Examiner's training record as outlined in 383.75.

007.01E Driver Records. Retain, at each approved testing location, a record of each driver for whom the Third-Party Tester conducts a skills test, whether or not the driver passes or fails the test. Each such record shall be retained for the current year plus the two (2) previous calendar years from the date of the test and shall include:

007.01E1 The complete full name and address of the driver;

007.01E2 The driver's license number and the name of the state or jurisdiction that issued the CLP held by the driver at the time of the test;

007.01E3 The test score sheet(s) showing the type of vehicle tested for and the results of the skills test;

007.01E4 The name and identification number of the Third -Party Examiner conducting the skills test;

007.01E5 The license plate number of the commercial motor vehicle(s) used to conduct the testing, what type of braking system the vehicle had, transmission type and coupling system, if appropriate; and

007.01E6 A copy of the signed Notification of Driving Skills Examination form.

007.02 Random Examinations, Inspections and Audits.

The FMCSA, its representative(s) and the Department may conduct random examinations, inspections and audits of Third-Party Testers with or without prior notice of the following:

007.02A The Department will conduct audits overtly and covertly at least every two (2) years to focus on extremely high or low pass rates for Third-Party Testers granted the training and skills testing exception under 49 CFR 383.75(a)(7).

007.02B On-Site Inspections. At least once every two (2) years, the Department will conduct on-site inspections of Third -Party Testers.

007.02C Observe Testing. At least once every two (2) years annually, a representative of the Department shall take the tests actually administered by the Third-Party Tester as if the representative were a test applicant, or retest a sample of drivers who were examined by the Third-Party Tester to compare pass/fail results.

007.02D Sample Retests. The Department may retest a sample of CDL holders who were examined by the Third-Party Tester follows:

007.02D1 The drivers to be retested in this sample shall be selected by the Department from a list of drivers required to be kept by the Third-Party Tester in 007.01C of these rules and regulations. Sample drivers will be notified of the retesting by the Department mail at least three (3) weeks prior to the retesting date. If the retesting date is not convenient for the sample driver, a one-time continuance will be granted. In the case of a continuance, the rescheduled retest date must occur within two (2) weeks of the original retest date. Retesting will take place at the Third-Party Tester location. Drivers who fail to show up for this retesting shall have their CDL cancelled by the Department;

007.02D2 It shall be the responsibility of the Third-Party Tester to provide the appropriate vehicle for these retests;

007.02D3 Simple failure of the sample retest conducted by the Department representative shall not prejudice a CDL already issued to that driver; and,

007.02D4 If the driver fails the retest, the auditor may require that the driver be recalled and reexamined at a Department CDL driver licensing location. Failure of the skills retest at the Department location shall result in the cancellation of the CDL and constitutes grounds for suspension or revocation of the Third-Party Tester's certification.

007.03 On-Site Inspections

A Third-Party Examiner for a Third-Party Tester that is also a Driver Training School is prohibited from administering skills tests to an applicant who was skills trained by that Third-Party Examiner.

007.04 Observe Testing or Retests

The Department will prepare a written review of the results of each inspection and audit and a copy will be provided to the Third-Party Tester.

007.05 Sample Retests (Repealed)

007.06 Repealed

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