South Dakota Administrative Rules
Title 61 - Department of Public Safety
Article 61:25 - Commercial driver licenses
Chapter 61:25:04 - Commercial driver third-party testing requirements
Section 61:25:04:05 - Requirements for third-party testers
Current through Register Vol. 51, page 43, September 23, 2024
To be licensed, a third-party tester shall meet the following requirements:
(1) Apply to the department as provided in § 61:25:04:08 and enter into an agreement with the department;
(2) Maintain a place of business with at least one permanent regularly occupied structure in this state;
(3) Direct or control at least one qualified third-party examiner approved by the department. A third-party tester may also be a third-party examiner;
(4) Allow FMCSA, its representatives, and the department to conduct random examinations, inspections, and audits without prior notice;
(5) Allow the department to conduct annual on-site inspections;
(6) Maintain for two years the completed commercial driver licensing skills test scoring sheet of each driver for whom the third-party tester conducts a skills test, whether or not the driver passes or fails the test at an approved location within the state;
(7) Maintain a record of each third-party examiner under the direction or control of the third-party tester at an approved location and retain the record for at least two years after the third-party examiner leaves the direction or control of the third-party tester;
(8) Ensure that the skill tests are conducted in accordance with the requirements of § 61:25:04:18;
(9) Enter each test score into the Commercial Skills Test Information Management System;
(10) Meet all requirements of state law, federal law, and local ordinances; and
(11) Send a copy of testing records to the department by the 15th day of each month.
General Authority: SDCL 32-12A-48(6).
Law Implemented: SDCL 32-12A-11, 32-12A-49