(1)
Purpose
and definitions. The knowledge tests required by rule
761-607.27 (321)
and the skills test required by rule
761-607.28 (321) may be administered by
third-party testers and third-party test examiners approved and certified by
the department. For the purpose of administering third-party testing and this
rule, the following definitions shall apply:
"College or university" means an Iowa
postsecondary school established under Iowa Code chapter 261B.
"Community college" means an Iowa community
college established under Iowa Code chapter 260C.
"Government agency" means the same as
defined in Iowa Code section 553.3.
"Iowa business" means a corporation,
association, partnership, company, firm, or other aggregation of individuals
that has an established place of business in this state and that is authorized
to conduct business in this state.
"Knowledge test" means the knowledge tests
required by rule 761-607.27 (321).
"Motor carrier" means the same as defined in
49 CFR Section 390.5.
"Nonprofit" means a corporation or
association that satisfies the requirements under Iowa Code chapter 498 or
504.
"Permanent commercial driver training
facility" means a facility dedicated to a program of commercial
driving instruction that is offered to employees or potential employees of the
motor carrier as incident to the motor carrier's commercial operations, that
requires at least 40 hours of instruction, and that includes fixed and
permanent structures and facilities for the off-road portions of commercial
driving instruction, including classroom, pretrip inspection, and basic vehicle
control skills. A permanent commercial driver training facility must include a
fixed and paved or otherwise hard-surfaced area for basic vehicle control
skills testing that is permanently marked and capable of inspection and
measurement by the department.
"Public transit system" means the same as
defined in Iowa Code section 324A.1.
"Regional transit system" means the same as
defined in Iowa Code section 324A.1.
"Skills test" means the skills test required
by rule 761-607.28 (321).
"Subsidiary" means a company that is partly
or wholly owned by a motor carrier that holds a controlling interest in the
subsidiary company.
"Third-party test examiner" means the same
as defined in Iowa Code section 321.187.
"Third-party tester" means the same as
defined in Iowa Code section 321.187.
(2)
Certification of third-party
testers.
a. The department may
certify third-party testers to administer knowledge and skills tests. A
third-party tester must be one of the following entities:
(1) A college or university.
(2) A community college.
(3) A government agency.
(4) An Iowa business.
(5) A nonprofit.
(6) A public transit system or regional
transit system.
b. An
entity listed in paragraph 607.30(2)
"a" that seeks
certification as a third-party tester shall contact the motor vehicle division
and schedule a review of the proposed testing program, which shall include the
proposed testing courses and facilities, information sufficient to identify all
proposed third-party test examiners, and any other information necessary to
demonstrate compliance with 49 CFR Parts
383 and
384 as amended to October 1,
2023, applicable to knowledge and skills testing.
c. No entity shall be certified to conduct
third-party testing unless and until the entity enters an agreement with the
department that meets the requirements of 49 CFR Section
383.75 and
demonstrates sufficient ability to conduct knowledge and skills tests in a
manner that consistently meets the requirements of 49 CFR Part
383, Subpart E,
and 49 CFR Part
384, Subpart B, applicable to knowledge and skills
testing.
d. The department shall
issue a certified third-party tester a certificate of authority that identifies
the classes and types of vehicles for which knowledge and skills tests may be
administered. The certificate shall be valid for the duration of the agreement
executed pursuant to paragraph 607.30(2)
"c," unless revoked by
the department for engaging in fraudulent activities related to conducting
knowledge and skills tests or failing to comply with the requirements,
qualifications, and standards of this chapter, the agreement, or 49 CFR Part
383, Subpart E, and 49 CFR Part
384, Subpart B, applicable to knowledge and
skills testing.
e. The department
shall revoke a certificate of authority issued after July 1, 2023, to a
third-party tester if the third-party tester fails to administer a minimum of
50 percent of all knowledge and skills tests given in a calendar year to Iowa
applicants. However, the department shall not revoke a certificate of authority
of a third-party tester who administers a minimum of 10 percent of all
knowledge and skills tests given in a calendar year to Iowa applicants if the
remainder of the tests are given to current or prospective employees of the
third-party tester. For the purpose of this paragraph, an "Iowa applicant" is
defined as an individual who holds a valid commercial learner's permit,
commercial driver's license, noncommercial driver's license, or nonoperator
identification card issued by the department or who otherwise qualifies as a
resident of this state under Iowa Code section 321.1A(1).
(3)
Certification of third-party test
examiners.
a. A certified
third-party tester shall not employ or otherwise use as a third-party test
examiner a person who has not been approved and certified by the department to
administer knowledge or skills tests. Each certified third-party tester shall
submit for approval the names of all proposed third-party test examiners to the
department. The department shall not approve as a third-party test examiner a
person who does not meet the requirements, qualifications, and standards of 49
CFR Part
383, Subpart E, and 49 CFR Part
384, Subpart B, applicable to
knowledge and skills testing, including but not limited to all required
training and examination and a nationwide criminal background check. The
criteria for passing the nationwide criminal background check shall include no
felony convictions within the last ten years and no convictions involving
fraudulent activities.
b. The
department shall issue a certificate of authority for each person certified as
a third-party test examiner that identifies the certified third-party tester
for which the person will administer knowledge or skills tests and the classes
and types of vehicles for which the person may administer knowledge or skills
tests. The certificate shall be valid for a period of four years from the date
of issuance of the certificate.
c.
The department shall revoke the certificate of authority for a third-party test
examiner to administer skills tests if the person holding the certificate does
not administer skills tests to at least ten different applicants per calendar
year; does not successfully complete the refresher training required by 49 CFR Section
384.228 every four years; is involved in fraudulent activities related
to conducting knowledge or skills tests; or otherwise fails to comply with and
meet the requirements, qualifications and standards of this chapter or 49 CFR
Part
383, Subpart E, and 49 CFR Part
384, Subpart B, applicable to knowledge
and skills testing. Notwithstanding anything in this paragraph to the contrary,
as provided in 49 CFR Section
383.75, if the person does not administer skills
tests to at least ten different applicants per calendar year, the certificate
will not be revoked for that reason if the person provides proof of completion
of the examiner refresher training in 49 CFR Section
384.228 to the department
or successfully completes one skills test under the observation of a department
examiner.
d. The department shall
revoke the certificate of authority for a third-party test examiner to
administer knowledge tests if the person holding the certificate does not
successfully complete the refresher training required by 49 CFR Section
384.228 every four years, is involved in fraudulent activities related to conducting
knowledge or skills tests or otherwise fails to comply with and meet the
requirements, qualifications and standards of this chapter or 49 CFR Part
383, Subpart E, and 49 CFR Part
384, Subpart B, applicable to knowledge
testing.
e. A third-party test
examiner certified by the department to administer skills tests who is also a
skills instructor shall not administer a skills test to an applicant who
received skills training from that third-party test examiner.
f. A third-party test examiner may only
administer CDL tests for the examiner's primary employer, unless authorized by
the department to administer CDL tests for another county or third-party
tester.
(4)
Bond. As a condition of certification in accordance with 49 CFR Section
383.75, a third-party tester that is not a government agency as
defined in Iowa Code section
553.3 must maintain a bond in the amount of
$50,000 to pay for the retesting of drivers in the event that the third-party
tester or one or more of its third-party test examiners are involved in
fraudulent activities related to conducting tests of CDL applicants.
(5)
Training and refresher training
for third-party test examiners. All training and refresher training
required under this rule shall be provided by the department, in form and
content that meet the recommendations of the American Association of Motor
Vehicle Administrators' International Third-Party Examiner/Tester Certification
Program.
This rule is intended to implement Iowa Code section
321.187.
Notes
Iowa Admin. Code r. 761-607.30
Adopted by
IAB
May 11, 2016/Volume XXXVIII, Number 23, effective
6/15/2016
Amended by
IAB
March 11, 2020/Volume XLII, Number 19, effective
4/15/2020
Amended by
IAB
February 9, 2022/Volume XLIV, Number 16, effective
3/16/2022
Amended by
IAB
November 30, 2022/Volume XLV, Number 11, effective
1/4/2023
Amended by
IAB
April 3, 2024/Volume XLVI, Number 20, effective
5/8/2024