Current through Bulletin 2024-06, March 15, 2024
(1) Application for
an original or renewal Third-party Tester certification shall be made on a form
furnished by the division, and shall include:
(a) name of Third-party Tester;
(b) address of Third-party Tester;
(c) number of years Third-party Tester has
been in business;
(d) names of all
Third-party Examiners;
(e)
addresses of all testing sites;
(f)
name of the designated representative; and
(g) copy of business license.
(2) Upon receipt of the
application, fingerprint card and required fees, the division shall schedule an
appointment with the Third-party Tester to determine eligibility, establish
test routes, schedule instruction and provide forms.
(3) A written agreement shall be made with
the state to conduct skills test as required by Federal regulations established
in
49 CFR
383.75. The agreement shall contain the
following provisions:
(a) allow the Federal
Motor Carrier Safety Administration (FMCSA) or its representative, and/or the
division to conduct random examinations, inspections and audits without prior
notice;
(b) allow the division to
conduct on-site inspections annually or when deemed necessary by the
division;
(c) require all
Third-party Examiners receive training approved by the division which requires
them to conduct skills tests in compliance with the FMCSA minimum standards;
and
(d) require at least one of the
following on an annual basis:
(i) a division
representative take the tests actually administered by the Third-party Examiner
as if the division representative were a test applicant;
(ii) the division test a sample of drivers
who were examined by the Third-party Examiner to compare pass/fail results;
or
(iii) the division co-score
along with the Third-party Examiner during CDL skills test to compare
pass/fail.
(4) The Third-Party tester shall:
(a) have an established business for a
minimum of two years, or employ a Third-party Examiner that has been certified
the previous two years under
R708-21-5;
(b) maintain a current business license
required by the municipality or county;
(c) have at least one qualified and approved
Third-party Examiner;
(d) require
that Third-party Examiners:
(i) administer at
least ten CDL skills tests in the year preceding the renewal of the Third-party
Tester application; or
(ii) be
observed by the division representative administering at least one CDL skills
test in the proper manner;
(e) name a designated representative(s) that
will sign signature cards for new employees and withdraw the authority of
employees that are no longer certified to test for the company;
(f) not be permitted to engage the service of
an employee of the division as an examiner, agent, or employee; and
(g) submit a fingerprint card and a check or
money order to the division, made payable to the Utah Bureau of Criminal
Identification, to cover the cost associated with a criminal history background
check and FBI check.
(5)
Certification shall be valid for a period of 12 months. No later than one month
prior to expiration of certification, the Third-party Tester shall submit a
renewal application to the division.
