South Carolina Code of Regulations
Chapter 38 - DEPARTMENT OF PUBLIC SAFETY
Article 5 - STATE TRANSPORT POLICE REGULATIONS
Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS
Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
Subpart E - TESTING AND LICENSING PROCEDURES
Section 38-383.75 - Third party testing
Universal Citation: SC Code Regs 38-383.75
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Third party tests. A State may authorize a person (including another State, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of a local government) to administer the skills tests as specified in Subparts G and H of 38-382, if the following conditions are met:
(1) The tests given by the third party
are the same as those which would otherwise be given by the State;
and
(2) The third party as an
agreement with the State containing, at a minimum, provisions that:
(i) Allow the FHWA, or its representative,
and the State to conduct random examinations, inspections and audits without
prior notice;
(ii) Require the
State to conduct on site inspections at least annually;
(iii) Require that all third party examiners
meet the same qualification and training standards as State examiners, to the
extent necessary to conduct skills tests in compliance with Subparts G and
H;
(iv) Require that, at least on
an annual basis, State employees take the tests actually administered by the
third party as if the State employee were a test applicant, or that States test
a sample of drivers who were examined by the third party to compare pass/fail
results; and
(v) Reserve unto the
State the right to take prompt and appropriate remedial action against the
third party testers in the event that the third party fails to comply with
State or Federal standards for the CDL testing program, or with any other terms
of the third party contract.
(b) Proof of testing by a third party. A driver applicant who takes and passes driving tests administered by an authorized third party shall provide evidence to the State licensing agency that he/she has successfully passed the driving tests administered by the third party.
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