North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter B - DRIVER LICENSE SECTION › Section .0700 - COMMERCIAL DRIVERS' LICENSE › Section 03B .0703 - REQUIREMENTS FOR THIRD PARTY TESTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To be
				  certified as a Third Party Tester a person must:
(1) apply in accordance with Rule .0706 of
				  this Section and enter into an agreement with the Division in accordance with
				  49 CFR
				  383.75;
(2) maintain a place of business with at
				  least one occupied structure within the state of North Carolina;
(3) have at least one certified Third Party
				  Examiner in its employ;
(4) allow
				  FHWA, its representatives, and the Division to conduct random examinations,
				  inspections, and audits without prior notice;
(5) allow the Division to conduct periodic,
				  but at least annual on-site inspections;
(6) maintain at each third party testing
				  location, for a minimum of two years, a record of each driver for whom the
				  Third Party Tester conducts a skills test, whether the driver passes or fails
				  the test. Each such record shall include:
(A)
				  the complete name and address of the driver;
(B) the driver's social security number,
				  driver's license number, and the name of the state or jurisdiction that issued
				  the license held by the driver at the time of the test;
(C) the date the driver took the skills
				  test;
(D) the test score sheets
				  showing the results of the test;
(E) the name and identification number of the
				  Third Party Examiner conducting the skills test;
(F) the record of all receipts and
				  disbursements;
(G) the make, model,
				  and registration number of the commercial motor vehicles used to conduct the
				  testing; and
(H) the written
				  contract or copy, if applicable, with any person or group of persons being
				  tested.
(7) maintain at
				  each approved testing location, a record of each Third Party Examiner in the
				  employ of the Third Party Tester at that location. Each record shall include:
(A) a valid Examiner Certificate indicating
				  the Examiner at that location;
(B)
				  a copy of the Third Party Examiner's current driving record, that shall be
				  updated annually; and
(C) evidence
				  that the Third Party Examiner is a payroll employee of the Third Party
				  Tester.
(8) retain all
				  Third Party Examiner records for at least two years after the Third Party
				  Examiner leaves the employ of the Third Party Tester;
(9) ensure that the skills tests are
				  conducted in accordance with the requirements of this Section;
(10) provide documented proof through
				  electronic means provided through a portal by the American Association of Motor
				  Vehicle Administrators for each driver applicant who has taken and passed the
				  required skills tests as set forth in
				  G.S.
				  20-37.13(a)(3). The driver
				  applicant will then present themselves to the Division and skills test scores
				  will be verified through electronic means provided through a portal by AAMVA as
				  evidence that they successfully passed the driving tests administered by the
				  Third and;
(11) to maintain
				  certification the Third Party Tester must administer skills tests to a minimum
				  of 10 different driver annually in accordance with the requirements of
				  49 CFR
				  383.75(c), which is hereby
				  incorporated by reference including subsequent amendments and editions and can
				  be found at no cost at
www.fmcsa.dot.gov/regulations
.