Nev. Admin. Code § 483.1224 - Third-party certifier: Eligibility; scope of authority; assignment of number by Department

1. An instructor or authorized employee at a school for training drivers may apply to the Department for registration as a third-party certifier. Except as otherwise provided in subsection 4, an instructor or authorized employee who is registered as a third-party certifier may certify the driving ability of any student enrolled at the school for training drivers who wishes to obtain a Class A, Class B or Class C commercial driver's license and must electronically submit to the Department certification to that effect. The instructor or authorized employee may not electronically submit to the Department certification with respect to the instructor's or employee's own driving ability.
2. Any person doing business in this State, or the authorized employee of such a person, may apply to the Department for registration as a third-party certifier. Except as otherwise provided in subsection 5, a third-party certifier who is registered pursuant to this section may certify the driving ability of an employee of an employer who wishes to obtain a Class A, Class B or Class C commercial driver's license and must electronically submit to the Department certification to that effect. The third-party certifier may not electronically submit to the Department certification with respect to the third-party certifier's own driving ability.
3. An applicant to become a third-party certifier must have at least 2 years of experience operating a commercial motor vehicle for the type, class and endorsements of commercial drivers' licenses that he or she will certify.
4. A third-party certifier employed by a third-party school shall not:
(a) Certify the driving ability of a student unless the third-party certifier has at his or her disposal at least one vehicle requiring the same type and class of driver's license as the type and class of driver's license for which the student's driving ability is being certified;
(b) Attest to the certification for the operation of a vehicle for which a particular type or class of driver's license is required unless the third-party certifier has at his or her disposal at least one vehicle requiring the same type and class of driver's license as that required for the vehicle the operation of which is to be certified; or
(c) Certify the driving ability of any employee of the school, unless the school is a governmental entity.
5. A third-party certifier employed by a third-party company shall not:
(a) Certify the driving ability of an employee of the company unless the third-party certifier has at his or her disposal at least one vehicle requiring the same type and class of driver's license as the type and class of driver's license for which the employee's driving ability is being certified; or
(b) Attest to the certification for the operation of a vehicle for which a particular type and class of driver's license is required unless the third-party certifier has at his or her disposal at least one vehicle requiring the same type and class of driver's license as the type and class of driver's license as that required for the vehicle the operation of which is to be certified.
6. A third-party certifier must:
(a) Successfully complete a 40-hour course provided by the Department for administering skills tests;
(b) Hold a valid commercial driver's license of the same type and class for which the third-party certifier is certifying the driving ability of a student or employee; and
(c) Administer the skills test in a vehicle representing the same type and class of vehicle the operation of which requires a driver's license of the same type and class as the type and class of driver's license for which the driving ability of the student or employee is being certified.
7. A third-party certifier who is also an instructor, whether as part of a school, training program or otherwise, shall not administer a skills test to a person who received training in skills from the third-party certifier.
8. If a third-party certifier successfully completes training to administer skills tests, the Department will issue to the third-party certifier a certificate of registration which:
(a) Is valid for 4 years; and
(b) Indicates the type and class of vehicle and endorsements for which the third-party certifier is allowed to provide certification.
9. A person who is registered as a third-party certifier for a third-party school may certify the driving ability of only those students who are enrolled at the branch locations of the school for which the person is registered as a third-party certifier.
10. A person who is registered as a third-party certifier for a third-party company may certify the driving ability of only those employees who work within the same department of the company for which the person is registered as a third-party certifier, unless the third-party company is a governmental entity. A person who is registered as a third-party certifier for a third-party company that is a governmental entity may certify the driving ability of any eligible employee of the governmental entity, regardless of department or division, subject to such limitations as the Department otherwise prescribes by regulation.
11. A third-party certifier shall ensure that all vehicles and equipment used to perform skills tests are maintained adequately and safe to operate. Except as otherwise provided in NAC 483.12235, any incidents that are a result of unsafe vehicles or equipment are the responsibility of the third-party certifier.

Notes

Nev. Admin. Code § 483.1224
Added to NAC by Dep't of Motor Veh. by R107-03, eff. 2-18-2004; A by R049-15, eff. 4/4/2016; A by R178-20A, eff. 4/11/2022
NRS 483.908

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