Wis. Admin. Code Department of Transportation Trans 115.05 - Requirements for third party examiners

(1) To be granted an examiner identification certificate, a third party examiner shall:

(a) Make application to the department.

(b) Possess a valid Wisconsin CDL with classification and endorsements necessary for operation of the class and type of CMV used in the CDL skills tests conducted by the examiner.

(c) Have 2 years licensed experience operating the class of CMV used in the CDL skills test conducted by the examiner.

(d) Have successfully passed and paid all fees for a department sanctioned CDL examiner training course.

(e) Within 4 years prior to application have had no convictions for operating any motor vehicle while intoxicated.

(f) Within 4 years prior to application have had no operator's license suspensions, revocations, cancellations or disqualifications for a traffic offense other than parking violations.

(g) Have had no conviction involving fraudulent activities, and within 10 years prior to application and subject to ss. 111.321, 111.322, and 111.335, Stats., have had no felony conviction.

(h) Meet all of the following physical standards:

1. Have no impairment of a hand, arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a CMV or any other significant limb defect or limitation which interferes with the ability to perform normal tasks associated with operating a CMV.

2. Vision-acuity of 20/40 in either eye and at least 20/100 in the other eye with or without corrective lenses and a horizontal, temporal field of vision of 70 degrees or more from the center in each eye and ability to recognize the colors of traffic signals.

3. Hearing-The applicant shall hear normal spoken voice with or without corrective help.

(2) Application for an examiner's identification certificate shall be made on a form supplied by the department including the following:

(a) Full name, home and business addresses, date of birth, operator's license number, and telephone number.

(b) Driving history, including class of current license and any endorsements, and restrictions.

(c) Name, address and telephone number of the applicant's employers who applied for or received authority as a third party tester.

(d) Employer's recommendation of the applicant for an examiner's identification certificate.

(e) Date and place applicant successfully passed department sanctioned CDL examiner training course. An original application shall be accompanied by written proof verifying passage of the course, prepayment of course fees to the department, and completion of the department's fingerprinting process.

(f) The class of testing and endorsements for which the applicant is applying.

(g) A $25.00 application fee.

(3) The department may require a report of medical examination, completed within the past 90 days, to determine the applicant's ability to perform normal tasks associated with operating a commercial motor vehicle. The cost of obtaining the required medical information is the responsibility of the third party examiner.

(4) The department will evaluate the materials submitted by each third party examiner applicant including the applicant's driving record and may test the applicant for knowledge and skill.

(5) As a condition of a grant of an examiner's identification certificate, a third party examiner shall:

(a) Continue to satisfy all the terms and conditions in subs. (1) and (2).

(b) Take part in all department required training courses, including retaking full, partial, or specialized CDL skills test examiner training when warranted because of performance or compliance issues, and all other department required workshops, and seminars. A person who has not had a valid certificate in the past 4 years shall retake department sanctioned CDL training.

(bm) Successfully complete a refresher training course and examination every four years. The refresher training course shall comply with the requirements of 49 CFR 384.228(f).

Note: This refresher training requirement is imposed upon states at 49 CFR 384.228(f). The State is required to rescind certification to act as a third party tester if a person fails to complete mandatory refresher training. See 49 CFR 384.228(j)(1).

(c) Conduct a minimum of 10 CDL skills tests per year for different individuals in accordance with this chapter and current instructions provided by the department. The examiner's identification certificate shall be revoked for failure to meet this requirement.

Note: See 49 C.F.R. 383.75(c).

(d) Notify the department in writing within 10 days of any of the following:

1. Any change of employment with third party testers.

2. Any change in class of commercial driver's license testing authorization.

(e) Not administer a skills test to any person that the examiner has provided any CDL related training.

Notes

Wis. Admin. Code Department of Transportation Trans 115.05

Cr. Register, December, 1990, No. 420, eff. 1-1-91; am. (1) (b) and (5) (c), Register, June, 1992, No. 438, eff. 7-1-92. Amended by, CR 15-065: am. (1) (g), (2) (a), (e), (5) (b), cr. (5) (bm), am. (5) (c), cr. (5) (e) Register August 2016 No. 728, eff. 9/1/2016 Amended by, CR 22-048: am. (4) Register July 2023 No. 811, eff. 8/1/2023

See 49 C.F.R. 383.75(a)(7) and s. Trans 115.04 (3) (n) (note).