Rules & Regulations of the State of Tennessee
Title 1340 - Safety and Homeland Security
Subtitle 1340-01 - Driver Control Division
Chapter 1340-01-13 - Rules of Classified and Commercial Driver Licenses and Certificates for Driving
Section 1340-01-13-.22 - THIRD PARTY TESTING
Universal Citation: TN Comp Rules and Regs 1340-01-13-.22
Current through September 24, 2024
(1) Third Party Commercial Driver License Companies - General Requirements
(a) Companies desiring authorization to
administer third party commercial driver license (C.D.L.) skills tests may be
certified by the State providing they file an application in compliance with
Department procedure and meet the requirements addressed in this section.
Individuals desirous of forming companies, corporations, partnerships,
businesses etc. for the purpose of administering third party testing may be
certified upon meeting requirements as specified herein for
companies.
(b) Companies shall have
an established business location, within the geographical boundaries of the
State of Tennessee, at which third party skills testing can be administered.
The established business location shall contain at least one permanent
regularly occupied structure in which administrative and/or operational
business is conducted. Companies shall be accessible by public telephone; shall
have an established, permanent mailing address including a street address or
route; and shall be operationally and environmentally safe, meeting all
requirements of State Law and local ordinances.
(c) Companies shall be operators or users of
commercial vehicles.
(d) Pursuant
to 49 C.F.R.
383.75(a) (1993), the
Department will not authorize companies with less than twenty five (25)
full-time employees.
(e) Companies
shall designate an employee or employees who will serve as Third Party C.D.L.
Examiner(s), who shall meet all requirements set forth in paragraphs (2) and
(3) of this section.
(f) Companies
shall provide a safe and suitable testing area; shall designate an appropriate
"on-road" driver testing route having a convenient access; and shall make
available one or more vehicles which are representative of the type(s) of
vehicle(s) to be used to conduct skills tests. The vehicle(s) will be utilized
during training sessions conducted by the Department.
(g) Companies shall have the means and agree
to establish and maintain accurate driver test records; and shall make all
required records available during normal working hours for inspection by an
authorized representative of the Department or the Federal Highway
Administration (F.H.W.A.).
(h)
Companies shall further agree to the following:
1. To sign a written, contractual agreement
with the Department of Safety. This contract will remain in effect for a period
of one (1) year from the date of signing and/or certification unless canceled,
suspended, revoked, or terminated.
2. To permit the F.H.W.A. and the Department
to conduct random examinations, inspections and/or audits without prior
notice.
3. To notify the Department
in writing and within ten (10) days of:
(i)
the termination, relocation, re-assignment, resignation, or change of address
or employment of a Third Party C.D.L. Examiner.
(ii) the cessation of operation or the change
of address of Third Party C.D.L.Company.
4. To test individuals not employed by, or
students of, the company only with the written approval of the Commissioner, or
his or her designee. Test records for drivers tested under these arrangements
shall include all items specified in subparagraphs (3)(c) and (3)(d), as well
as records of any receipts and/or disbursements related to the third party
testing of drivers.
5. To charge a
driver for the administration of skills tests no more than seventy-five dollars
($75.00).
6. To maintain bodily
injury and property damage liability insurance on motor vehicles used in
driving tests, insuring the liability of the testing program, the examiner and
any person taking tests in the amounts required by state law
7. To file evidence of such insurance
coverage annually with the Department.
(2) Third Party C.D.L. Examiner - General Requirements For Applicants
(a) Applicants for
Third Party C.D.L. Examiner certification must be a payroll employee of the
company or business they represent; must be at least twenty-one (21) years of
age; and must be at least a graduate of an accredited secondary school, possess
a high school general education equivalency degree (G.E.D.), or have qualifying
substitute experience. A "payroll employee" does not include any person who
contracts with the company solely to perform third party tests.
(b) Applicants must possess a valid Tennessee
commercial driver license with the classification and endorsements required for
operation of any class or type of commercial motor vehicle used in the skills
tests to be conducted by the C.D.L. Examiner.
(c) Applicants must present a copy of current
medical card or certificate, if required, or proof of medical fitness as
ascertained by a physical examination conducted within the previous six (6)
months by a physician licensed to practice in the State of Tennessee.
(d) Applicants must provide to the Department
all employment and driving records for the previous ten (10) years. Applicants
must be willing to authorize a criminal background check to be conducted by the
Department.
(e) Within the past ten
(10) years, applicants must have no record of driving under the influence of
alcohol or controlled substances conviction(s); of conviction(s) involving the
possession, sale or use of a controlled substance; or of a felony
conviction(s).
(f) Applicants must
successfully complete the Department of Safety Commercial Driver Examiner
Training Course, and must successfully complete all knowledge and skills test
necessary for the examiner classification sought.
(3) Third Party C.D.L. Examiner - Administrative Requirements
(a) Examiners
shall conduct skills tests only for individuals having in their possession a
valid driver license. Skills tests shall be conducted as required by
49 C.F.R. §
383.113 (1992), the laws of the State of
Tennessee, and policies and procedures of the Department.
(b) Examiners shall not administer their own
skills tests, but shall be tested by a certified C.D.L. Examiner of the
Department or by another Third Party C.D.L. Examiner approved by the Department
for this purpose.
(c) Examiners
shall be responsible for their company's record keeping, correspondence and
other transactions related to the third party testing operation; shall submit
completed certification forms listing the name of the Driver, skills tests
scores, date of certification, driver license number, and certification number;
and by the 10th day of each month shall report to the Department, the number of
drivers tested during the preceding month as well as any other statistical data
as may be required.
1. A report shall be
submitted even if no tests were administered during the preceding
month.
(d) Examiners
shall maintain a record of each driver for whom they conduct a skills test,
whether or not the driver passes or fails, for a minimum of three (3) years.
Each record shall include the following:
1.
Complete name and address of the driver.
2. Driver's social security number, driver
license number and name of the State or jurisdiction that issued the license
held by the driver at the time of the test.
3. Date driver completed the skills
test.
4. Test score sheets (copies)
showing the results of the test.
5.
Name and certification (I.D.) number of Third Party C.D.L. Examiner conducting
the skills test.
6. Abstract of the
driver's record at the time the skills test was administered or proper
documentation that the Department has verified his or her driving
record.
7. Copy of the driver's
medical certificate, if one was required, which was in effect at the time of
examination.
8. The make, model,
and registration number of the commercial motor vehicle(s) used to conduct the,
testing.
(e) Examiners
must attend retraining sessions conducted by the Department or as often as new
laws and/or procedures require, or as deemed necessary by the
Department.
(f) Examiners shall
comply with all laws and procedural requirements of the State of Tennessee as
well as other policies and procedures, all of which regulate the administration
of the Third Party C.D.L. Tester Program.
(g) Examiners, by submission of the
certification forms as required in this section, certify that each driver has
successfully completed each phase of the C.D.L. skills test as required by the
federal regulations, laws of the State of Tennessee, and policies and
procedures of the Department.
(4) Third Party C.D.L. Testing - Certifications and Inspections
(a) Whether or
not a company or Third Pam, C.D.L. Examiner is accepted for certification as a
Third Party C.D.L. Tester shall be at the discretion of the
Department.
(b) Certification
extended to companies or examiners will be initially valid for a period of one
(1) year from the date of issuance or until cancellation, suspension, or
revocation by the Department.
(c)
The Department will devise and assign a special certification (identification)
number or code unique to each company who qualifies for certification as a
Third Party C.D.L. Company, and for each individual who qualifies for
certification as a Third Party C.D.L. Examiner.
(d) The Department and/or F.H.W.A. will
conduct periodic, on-site inspections of C.D.L. Third Party Testing Programs
and facilities.
1. Third party testers can
reasonably expect a thorough initial inspection and a minimum of one (1)
inspection per year thereafter.
2.
Prompt action including but not limited to cancellation, suspension,
revocation, or termination of contract will be taken against any third party
C.D.L. tester who is found to be in a condition of noncompliance with State or
Federal standards or other terms of the third party agreement.
(e) As a part of the inspection
and regulatory process the Department may select drivers at random and require
them to re-demonstrate their skills and proficiency in driving commercial
vehicles for which they are licensed.
1. The
number of drivers re-tested annually may range from ten (10) to twenty (20)
percent of drivers tested by the C.D.L. Third Party Examiner during the audit
period.
(5) Third Party C.D.L. Testing - Cancellation/Suspension/Revocation/Denial/RehiW to Renew
(a) The Department reserves the right to
cancel the Third Party C.D.L. Tester Program, in whole or in part.
(b) The Department may cancel, suspend,
revoke, refuse to issue or refuse to renew the certification of Third Party
C.D.L. Company or a Third Party C.D.L. Examiner if:
1. The applicant or holder of any
certification fails to comply with the provisions of the rules and regulations
of the Department, Department instructions, Third Party C.D.L. Tester agreement
or any associated federal or state statutes;
2. The applicant or holder of any
certification has made any false or misleading statements or concealed a
material fact in connection with the application, required records or reports,
or other required information relating to the Third Party C.D.L. Testing
Program;
3. A Third Party C.D.L.
Examiner leaves the company, fails to administer a skills test with in a six
(6) month period, or fails to attend an updated training session required by
the Department,
(i) After leaving a Third
Party C.D.L. Company, a Third Party C.D.L. Examiner may be recertified if
employed by another Third Party C.D.L. Company by submitting proper application
to the Department.
(ii) After
failing to administer a skills test within a six (6) month period or after
failing to attend an updated training session required by the Department, an
Examiner may be recertified by demonstrating skills and knowledge required to
gain the original or updated certification.
4. A Third Party C.D.L. Examiner fails to
submit or maintain required reports;
5. A Third Party C.D.L. Examiner fails to
conduct C.D.L. skills test as required by 49 C.F.R. § 383 (1992), by the
laws of the State of Tennessee, or by policies and procedures of the
Department.
6. A company fails to
maintain appropriate insurance coverage;
7. A Third Party C.D.L. Examiner's driving
privilege is canceled, suspended or revoked in this or any other state;
(i) If driving privilege is reinstated,
certification may also be reinstated at the discretion of the
Department.
8. The
holder of any certification commits any act which compromises the integrity of
the Third Party Program, including but not limited to advertising which
implies, suggests or gives the impression that the Company or Third Party
C.D.L. Examiner is an employee of, or endorsed by, the Department. or that a
C.D.L. is guaranteed to those utilizing their services-,
9. Alcoholic beverages or controlled
substances are consumed or stored on premises or in company vehicles unless
such items are included in the manifest,
10. A Third Party C.D.L. Examiner must adhere
to the same standards as a state-employed examiner, pursuant to
49 C.F.R.
383.75(a)(2)(iii)
(1993).
(c) The
Department shall notify the certification holder, by registered mail, return
receipt requested, of the proposed cancellation, suspension, revocation,
denial, or refusal to renew, and of the grounds for such proposed action.
1. Third Party Testers who receive notice of
the proposed cancellation, suspension, revocation, denial or refusal to renew
shall have ten (10) working days to send a written petition to the Department
showing why the proposed action should not occur. Upon receipt of this
petition, the Department shall afford the certification holder a hearing before
a hearing officer. Before setting such a hearing, the Department may request
additional information if needed.
2. The Department may exercise its option to
postpone cancellation, suspension, revocation, or refusal to renew
certification providing the company can present satisfactory assurance that
existing deficiencies can be corrected within a reasonable amount of time. The
Department may also reinstate certification of a Third Party C.D.L. Company or
Examiner pending satisfactory resolution of concerns.
(d) Return of certification(s) which have
been canceled, suspended, revoked, or denied renewal.
1. The holder of any certification which has
been canceled, suspended, revoked, or denied renewal must return said
certificates and related controlled documents to the Department within five (5)
days of the date of notification of the action.
(e) The revocation of any certification shall
be for a period of time to be determined by the Commissioner or his or -her
designee, but in no event shall the period be less than one (1) year.
(f) The suspension of any certification shall
be for a period of time to be determined by the Commissioner or his or her
designee, but in no event shall the period be less than ninety (90) days or
greater than one (1) year.
(g) Any
Third Party C.D.L. Company or Examiner whose certification is canceled,
suspended, revoked, or denied issuance or renewal may appeal the decision of
the hearing officer in writing to the Commissioner within ten (10) working days
of receipt of the notice of the action. The Commissioner shall consider such an
appeal pursuant to the Uniform Administrative Procedures Act, T.C.A. §
4-5-101
et
seq.
(6) Cooperative Driver Testing Program - Class D Third Party Testing
(a) The "Cooperative Driver Testing Program"
(C.D.T.P.) is a program offered to the following entities with driver education
and training courses for Class D vehicles: public school systems, public
institutions of higher learning, non-public schools in categories 1, 2, or 3 as
recognized by the state board of education, and commercial driver training
schools operating under 1340-1-6. Collectively, these entities are referred to
here as eligible or authorized agencies.
(b) The driver education and training course
shall include both a classroom and a behind-the-wheel component, and shall
satisfy the minimum standards set forth in 0520-1-3-.05(6)(e) and in the Driver
Traffic Safety Education curriculum framework approved by Tennessee's State
Board of Education.
(c) Students
actively enrolled in these classes who meet the testing standards defined below
shall be exempted from the knowledge and/or driving tests required for a Class
D license and from the knowledge test required for a Class PD learner
permit.
(d) Eligible agencies
desiring authorization to participate in the C.D.T.P. may be approved by the
Department providing they meet the requirements set forth in paragraph (8) of
this section. Individual driver education instructors need to apply through
their eligible or authorized agency.
(7) C.D.T.P. Testing Standards and Administration
(a) Students shall be exempt
from the Class D knowledge test administered by the Department if they answer
correctly eighty percent (80%) of the questions contained in a standard
knowledge test developed by the Department and administered through the
C.D.T.P. in a supervised setting, with the instructor present. Oral versions of
the test are prohibited. The knowledge test must contain one fourth (1/4) of
the questions concerning drugs and alcohol and may only be administered after
the student has completed the classroom component of the course.
(b) Students shall be exempt from the Class D
driving test administered by the Department if they demonstrate an ability to
drive safely at a level considered by the instructor as acceptable for
licensing. The basis for determining acceptable driving ability shall include,
but not be limited to, an assessment of the student's driving competence with
respect to skills, judgment, and perception. The driving test must meet minimum
standards set forth by the Department in related C.D.T.P. policies and
procedures issued to participating agencies and may be given only at the
conclusion of the course, after the student has completed both the classroom
and driving portions of the course.
(c) Test scores shall be valid for ninety
(90) days from the date of the Third Party Driver Examiner test certification
form.
(d) Tests administered
through the C.D.T.P. shall be given only to students actively enrolled in the
Driver Education courses described in the agency's application to participate.
Public school systems, public institutions of higher learning, and non-public
schools in categories 1, 2, or 3 as recognized by the state board of education
who participate in Driver Education courses are authorized to administer skills
tests to students who have completed the Driver Education course described in
the agency's application to participate if the student is still enrolled in the
school as a student, and has not transferred to any other school after
completing the Driver Education course.
(8) C.D.T.P. Requirements for Eligible Agencies.
(a) To participate, an eligible
agency must submit an application to the Driver License Issuance Division,
Tennessee Department of Safety. The application shall describe the driver
education courses offered, and include a compliance affidavit for each
participating driver education instructor. The application shall be submitted
once per school year.
(b) In the
event a participating driver education instructor resigns or transfers
employment, the authorized agency must notify the Department within thirty (30)
days of such change.
(c) Authorized
agencies must permit the Department to conduct random examinations, inspections
and/or audits without prior notice.
(9) C.D.T.P. Requirements for Individual Driver Education Instructors.
(a)
Participating driver education instructors shall submit to the Department a
signed affidavit which shows that the instructor:
1. is currently employed by the
agency;
2. is certified and
registered by the Department of Education or licensed by the Department as a
driver instructor;
3. holds a valid
driver license; and
4. agrees to
follow procedures for the C.D.T.P. Program established by the Department
pursuant to these rules.
(b) Individual driver education instructors
must maintain accurate driver test records for all students who have been
administered a test, whether or not they meet the waiver standards. Each record
shall be maintained for one (1) calendar year, and shall include:
1. complete name, address and social security
number of each student; and
2. the
results of each test, along with the name and certification identification
number of the instructor conducting the tests.
(c) The instructor shall periodically submit
to the Department a summary of results for all students tested on a form
provided by the Department.
(10) Requirements for Participating C.D.T.P. Students.
(a) To obtain exemption from Class D
knowledge and/or driving tests administered by the Department, students
enrolled in C.D.T.P. shall present a properly executed Third Party Driver
Examiner Testing Certification form to the Department at any Driver License
Testing Station within ninety (90) days of completing the driver education and
training course.
(b) The Department
shall spot check a random sample of the exempted driver population, and may
administer either the knowledge or the driving test to any student so
selected.
(c) All other standard
driver qualifications must be satisfied before the license may be issued,
including age, parental affidavits of financial responsibility, driving
history, vision, compulsory school attendance, and other such requirements as
set forth by law.
(11) C.D.T.P. Inspections, Cancellations/ Suspensions/Revocations/Denials/Refusals to Renew
(a) The Department reserves the right
to cancel the C.D.T.P., in whole or in part.
(b) Certification of participation in the
C.D.T.P. shall be valid for one (1) school year. C.D.T.P. certification of
individual driver education instructors shall be valid for the period of time
authorized for the participating agency.
(c) The Department will devise and assign a
special C.D.T.P. certification identification number or code unique to each
individual driver education instructor who qualifies to participate.
(d) The Department may conduct periodic,
on-site inspections of C.D.T.P. facilities and instructors. As part of the
inspection and regulatory process the Department may select drivers at random
and require them to redemonstrate their skills and/or knowledge proficiency in
driving Class D vehicles.
(e) The
Department may cancel, suspend, revoke, refuse to issue, or refuse to renew the
certification of a C.D.T.P. agency or instructor on grounds including but not
limited to the following:
1. instructor's
resigning from employment with the authorized agency
2. failure to submit or maintain required
reports;
3. failure to comply with
or satisfy any of the Provisions of these requirements or Department of Safety
instructions;
4. cancellation,
suspension or revocation of the driving privilege for a C.D.T.P. instructor in
this or any other state.
(i) If driving
privilege is reinstated the Department, C.D.T.P. certification may also be
reinstated at the discretion of the Department.
5. falsification of any records or other
required information relating to the C.D.T.P., and
6. commission of any act which compromises
the integrity of the C.D.T.P., including but not limited to advertising which
implies, suggests or gives the impression that the agency or driver education
instructor is an employee of, or endorsed by, the Department, or that a license
is guaranteed to those utilizing their services.
(f) The Department shall notify the
certification holder, by registered mail, return receipt requested, of the
proposed cancellation, suspension, revocation, denial, or refusal to renew, and
of the grounds for such proposed action.
1.
D.T.P. agencies or instructors who receive notice of the proposed cancellation,
suspension, revocation, denial, or refusal to renew shall have ten (10) working
days to send a written petition to the Department showing why the proposed
action should not occur. Upon receipt of this petition, the Department shall
afford the certification holder a hearing before a hearing officer. Before
setting such a hearing, the Department may request additional information if
needed.
2. The Department may
exercise its option to postpone cancellation, suspension, revocation, or
refusal to renew certification providing the agency or instructor presents
satisfactory assurance that existing deficiencies can be corrected within a
reasonable amount of time. The Department may also reinstate certification of a
C.D.T.P. agency or instructor pending satisfactory resolution of
concerns.
(g) Return of
certification(s) which have been canceled, suspended, revoked or refused
renewal.
1. The holder of any certification
which has been canceled, suspended revoked or refused renewal must return said
certificates and related controlled documents to the Department within five (5)
days of the date of notification of the action.
(h) The revocation of any certification shall
be for a period of time to be determined by the Commissioner or his or her
designee, but in no event shall the period be less than one (1) year.
(i) The suspension of any
certification shall be for a period of time to be determined by the
Commissioner or his or her designee, but in no event shall the period be less
than ninety (90) days or greater than one (1) year.
(j) Any C.D.T.P. agency or instructor whose
certification is canceled, suspended, revoked , denied, or refused renewal may
appeal the decision of the hearing officer in writing to the Commissioner
within ten (10) working days of receipt of the notice of the action. The
Commissioner shall consider such an appeal pursuant to the Uniform
Administrative Procedures Act, T.C.A. §
4-5-101 et seq.
Authority: T.C.A. §§ 4-5-101 et seq., 55-50-202, 55-50-321, 55-50-322, 55-50-323, 55-50-331, 55-50-405, 55-50-502, Public Chapter No. 194, 2007 and 49 C.F.R. § 383 (1992).
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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