045-1 Wyo. Code R. §§ 1-12 - Third-Party Testing

(a) Agreements.

(i) A third-party tester shall enter into an agreement with the Department to administer driving skills tests to applicants for commercial driver's licenses (CDLs).

(ii) The agreement shall include, but is not limited to, the following terms. The third-party tester shall permit:

(A) The Federal Motor Carrier Safety Administration (FMCSA), or its representative, and the Department to conduct random examinations, inspections, and audits of company records, facilities, and operations relating to the third-party testing program, with or without prior notice;

(B) The Department or FMCSA to conduct on-site inspections, audits, or both at least annually; and

(C) The transmission of schedules and testing scores, both pass and fail, via the Commercial Skills Test Information System (CSTIMS) as prescribed by the CSTIMS user manual. The Department may also test a sample of drivers examined by the third party to compare pass/fail results as deemed appropriate.

(b) Training and Certification.

(i) The third-party tester shall allow only those employees who complete the required Class A and B Third Party Training Certification Program and whom the Department certifies as third-party examiners to administer CDL skills tests and to issue skills test certificates.

(ii) Third-party examiners shall meet the same qualification and training standards as Department driver's license examiners.

(iii) Third-party examiners shall complete training and certification provided by the Department's Driver Services Program and have a certificate on file with the Department.

(c) Affidavits.

(i) CDL applicants who pass the driving skills test administered by an authorized third-party examiner shall provide evidence to the Department that they successfully passed the driving skills test.

(ii) All affidavits presented in place of taking a driving skills test or submitting a CDL Test History form shall be signed by the person tested and dated within the validity period for the commercial learner's permit (CLP) the applicant held at the time of the test.

(iii) Affidavits shall not be accepted after the CLP expiration date.

(iv) A proper official of the legal entity having entered into a third-party tester agreement with the Department or a Wyoming driver's license examiner shall execute all affidavits.

(d) Examiner Requirements. Third-party examiners shall:

(i) Conduct a 10-test minimum on different applicants within one year to maintain active examiner status. If a third-party examiner fails to complete 10 different tests, the examiner must attend a state-conducted refresher course or successfully administer a skills test to a state-certified examiner;

(ii) Hold a current, valid Wyoming CDL of the type and class for which they will test and not have been suspended, disqualified, revoked, or canceled in the last five years;

(iii) Complete a nationwide criminal background check. The report results shall be filed with the Department; and

(iv) Shall not act as both the examiner and trainer-instructor of a skills test applicant.

(e) Truck Driver Training Schools. Schools intended to train truck drivers shall be eligible to become third-party testers upon complying with the following:

(i) Schools shall be licensed with the Wyoming Department of Education, Private School Non-degree Program and shall provide a copy of the license to the Wyoming Department of Transportation;

(ii) Third-party testers or examiners shall not charge any fee for skills tests administered, except those fees and tuition allowed by the Wyoming Department of Education;

(iii) Third-party examiners shall test only individuals registered as students with schools licensed to act as third-party testers;

(iv) Truck driving schools shall also comply with all provisions of preceding Section 12(a) through (d) of these rules; and

(v) Third-party examiners for truck driving schools shall recertify annually with the Department.

(f) Certification Cancellation.

(i) Third-party testers or examiners shall have their certification canceled if the Department determines Wyoming statutes, Department rules and regulations, or the third-party agreement (including Attachment A) as signed by the third-party tester have been violated.

(ii) Third-party testers may be recertified upon satisfying the Department that all violations have been corrected and all third-party examiners have been retrained and recertified in accordance with these rules.

(g) Other Requirements.

(i) All non-government third-party testers shall file a $10,000 bond with the state and maintain the bond to retain Department certification.

(ii) All private institutions or departments not covered by Section 12(e) shall employ a minimum of 25 drivers for Department certification as a third-party examiner.

Notes

045-1 Wyo. Code R. §§ 1-12

Amended, Eff. 12/5/2016. Amended, Eff. 7/2/2024.