(a)
- (1) Each third-party tester must maintain bodily injury and property damage liability insurance coverage on motor vehicles owned or registered by the third-party tester while used to administer CDL skills tests.
- (2) Insurance coverage must be in at least such amounts as required by any applicable state and federal law.
(b) Each third-party tester must maintain insurance coverage which does not exclude from coverage any person:
- (1) While taking the skills tests administered by the third-party tester;
- (2) Suffering bodily injury or sustaining property damage as a result of skills tests administered by the third-party tester; or
- (3) Employed by the third-party tester to administer skills tests.
(c) As evidence of required insurance coverage, the third-party tester must file with the Division of Arkansas State Police either:
- (1) A certificate of insurance issued by an insurance company or surety company authorized to do business in Arkansas; or
- (2) A certificate of self-insurance issued by the Office of Driver Services.
- (d) A third-party tester must not use a motor vehicle owned or registered by the third party to administer skills tests unless evidence of insurance coverage for the vehicle has been filed with the division.
(e) The third-party tester must not use motor vehicles to administer skills tests unless the owner or registrant of the vehicle produces a:
- (1) Certificate of insurance for the vehicle issued by an insurance company or surety company authorized to do business in Arkansas; or
- (2) Certificate of self-insurance issued by the Office of Driver Services.
(f) The division reserves the right to cancel the agreement with the third-party tester upon determining the third-party tester has failed to:
- (1) File a certificate of insurance or self-insurance; or
- (2) Maintain insurance coverage.
- (g) The third-party tester must agree to indemnify and hold harmless the State of Arkansas, the division, and all of its officers, employees, and agents, from any and all rights, causes of action, claims, demands, suits, or liabilities, arising from, based upon, occasioned by, or attributable to any act or omission of the third-party tester or the third-party tester’s agents, examiners, or other employees in the performance of the agreement.