(1) CDL skills tests must comply with the testing standard of 49 CFR 383. The following rules apply to conducting third-party CDL skills tests:

(a) the same CDL skills testing model used by state examiners must be used, including the same instructions and scoring standards.

(b) third-party CDL skills test examiners must be trained and certified by the division.

(c) prior to conducting a CDL skills test, the CDL skills test examiner must ensure that the testing applicant:

(i) has a valid driver's license with an image that matches the applicant; and

(ii) has a valid CLP with the proper class, endorsements, and restrictions for the type of commercial motor vehicle being used for the CDL skills test, with an image that matches the applicant and the applicant's driver's license. The CLP must have been issued at least 14 days before the CDL skills test.

(d) an electronic testing tablet approved by the division and successfully passed structure testing by AAMVA must be used to conduct all CDL skills tests, and at minimum record:

(i) applicant information;

(ii) vehicle data;

(iii) CDL skills test examiner's information;

(iv) approved test forms; and

(v) all scoring items and scoring results.

(e) all primary and alternate backing skills test courses and road test routes must be approved by the division.

(f) any changes to any of the skills test courses or road test routes must be pre-approved by the division before a new course or route can be used.

(g) the CDL skills test examiner cannot be the same person that in any way trained or prepared the applicant to be tested for a commercial driver's license, or tested to upgrade their CDL, add a CDL endorsement, or to remove an air brake restriction.

(h) upon receipt of a fee in the amount outlined in 61-5-118, MCA, the division will accept CDL skills tests from the third-party CDL skills testing program and their examiners in lieu of administering its own CDL skills test for CDL applicants.

History: 61-5-118, MCA; IMP, 61-5-118, MCA; NEW, 2019 MAR p. 176, Eff. 2/9/19.