DEPARTMENT OF REVENUE Division of Motor Vehicles RULES AND REGULATIONF FOR COMMERCIAL DRIVER’S LICENSE (CDL) 1 CCR 204-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] A. BASIS, PURPOSE AND STATUTORY [Eff. 11/30/2008] (1) The Department is authorized to adopt rules and regulations as necessary for the Commercial Driver’s License Program in accordance with Sections 24-4-103, 42-2-111(1)(b), 42-2-403(2)(a), 42-2-407(8), CRS.

(2) The purpose of these rules is to ensure compliance with state and federal requirements to promote the safety and welfare of the citizens of Colorado.

B. INCORPORATION BY REFERENCE OF FEDERAL RULES [Eff. 11/30/2008] (1) Adoption: The Department incorporates by reference the Federal Motor Carrier Safety Regulations Part 383, 384, 390, and 391, Qualifications and Disqualification of Drivers. * (2) The Federal Regulations incorporated or referenced by this rule are published in the Code of Federal Regulations, Title 49, Part 383, 384, 390, and 391, revised as of May 2007. Material incorporated by reference in this rule does not include later amendments to or editions of the incorporated material. The Federal rules and regulations referenced or incorporated in these rules are on file and available for inspection by contacting the Motor Carrier Services Division of the Department of Revenue, 1881 Pierce Street, Room 118, Lakewood, Colorado, 80214, 303-205-5600, and copies of the materials may be examined at any state publication depository library.

C. DEFINITIONS [Eff. 11/30/2008] (1) AAMVA: American Association of Motor Vehicle Administrators is a voluntary, nonprofit, tax exempt, educational unit that represents state and provincial officials in the United States and Canada who administer and enforce motor vehicle laws.

(2) CDL: Commercial Driver’s License means a license issued to an individual in accordance with the requirements of the federal “Commercial Motor Vehicle Safety Act of 1986.” The document issued by the Department entitles the holder while having such document in his/her immediate possession, to drive a motor vehicle of certain classes and endorsements upon the highways without supervision.

(3) CDL Instruction Permit: The permit issued by the Department entitling the applicant, while having such permit in his/her immediate possession, to drive a motor vehicle of certain classes and/or endorsements upon the highways with a driver that possesses a CDL with the same class and/or endorsements or higher, as the CDL Instruction Permit driver.

(4) CDL Vehicle Class: A group or type of vehicle with certain operating characteristics.

(5) CDLIS: Commercial Driver’s License Information System is the central database that stores the list of CDL drivers, in addition, the drivers’ state of record.

(6) CDL driving tester or driving tester: An individual licensed by the Department under the provisions of Section 42-2-407, CRS to administer CDL driving tests.

(7) CDL testing unit or testing unit: A business, association, or governmental entity licensed by the Department under the provisions of 42-2-407, CRS to administer CDL driving tests.

(8) CMV: Commercial Motor Vehicle means a motor vehicle designed or used in commerce to transport passengers or property, if the vehicle, has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating determined by federal regulation; or is designed to transport sixteen or more passengers, including the driver; or is transporting hazardous materials and is required to be placarded.

(9) CRS: Colorado Revised Statutes.

(10) Department: Colorado Department of Revenue.

(11) Disqualifications: The suspension, revocation, cancellation, or any other withdrawal by the Department of a person’s privilege to drive a CMV or a determination by the FHWA under the rules of practice for motor carrier safety contained in Part 386 of this title, that a person is no longer qualified to operate a CMV under Part 391; or the loss of qualification that automatically follows conviction of an offense listed in FMCSR 383.51 (12) DPOS: Division of Private Occupational School, a division of the Colorado Department of Higher Education.

(13) Designed to Transport: The manufacturer’s original rated capacity of the vehicle.

(14) Endorsements: This is a letter indicator added to a CDL and/or permits that indicate successful completion of the appropriate knowledge and/or skill test(s) that allows the operation of a special configuration of vehicle(s).

(a) T = Double/triple trailers (b) P = Passenger (c) N = Tank vehicles (d) H = Hazardous materials (Not indicated on permit)

(e) S = School buses (f) X = Combination of tank vehicle and hazardous materials (Not indicated on permit) (g) M = Motorcycle (h) 3 = Three wheel motorcycle (15) Exemptions: Regulatory relief given to a person or class of persons normally subject to regulations without the exception.

(16) Farm Custom Harvester: An individual engaged in seasonal custom-harvesting operations.

(17) Farm-Related Service Industry: Is an entity with special Federal Motor Carrier Safety Administration designation that provides farm-related services such as:

(a) Agri-chemical businesses;

(b) Custom harvesters;

(c) Farm retail outlets and suppliers; and (d) Livestock feeders.

(18) FHWA: Federal Highway Administration is an agency within the USDOT.

(19) FMCSA: Federal Motor Carrier Safety Administration is an agency within the USDOT.

(20) FMCSR: Federal Motor Carrier Safety Regulations (49 CFR Parts 350-399).

(21) GCWR: Gross Combination Weight Rating is the value specified by the manufacturer as the loaded weight of the combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any weight thereon.

(22) Government: means a state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract cooperation only between or among the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof.

(23) GVWR: Gross Vehicle Weight Rating is the value specified by the manufacturer as the loaded weight of a single vehicle.

(24) Intrastate Driver: A driver authorized to operate a CMV within the boundaries of Colorado, and not authorized to transport items of interstate commerce or hazardous materials.

(25) Interstate Commerce: Trade, traffic or transportation in the United States between a place in the state and a place outside of such state, including outside of the United States or between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.

(26) Interstate Driver: A CDL holder authorized to cross state lines and transport interstate commerce while operating a CMV.

(27) NDR: National Driver Register maintains the national database of driver histories. Each applicant’s driving history shall clear NDR prior to the issuance of a CDL.

(28) Non-Profit: An organization filing with the United States Code 26USC Section 501(c).

(29) CDL Passenger Vehicle: For the purposes of these rules a passenger vehicle designed to transport 16 or more passengers, including the driver.

(30) Paved Vehicle Control Testing Area: For the purpose of these rules, a paved testing area is a surface made up of materials and adhesive compounds of a sufficient depth and strength prepared to provide a durable, solid, smooth surface upon which an applicant will demonstrate basic vehicle control skills.

(31) Public Transportation Entity: A mass transit district, mass transit authority, or any other public entity authorized under the laws of this state to provide transportation services to the general public.

(32) Representative Vehicle: A motor vehicle, that represents the group or type of motor vehicle that an applicant operates or expects to operate.

(33) Restrictions: Prohibits the operation of certain types of vehicles or restricts operating a CMV within designated boundaries.

(34) Salaried: A paid employee.

(35) USDOT: United States Department of Transportation.

(36) Vehicle Test Area Marking: The paved testing area will be painted to delineate boundaries for each of the vehicle control skill tests. The area provides a defined test area with traffic cones placed according to Department standards.

D. APPLICANT LICENSING REQUIREMENTS [Eff. 11/30/2008] (1) Each applicant for a CDL or instruction permit shall be a resident of Colorado, at least 18 years of age, and comply with the testing and licensing requirements of the Department.

(a) The CDL and instruction permit will indicate the class of license, any endorsements and any restrictions for that individual driver. The CDL is valid for the operation of a non-CMV including a motorcycle with the appropriate motorcycle endorsement on the license.

(b) A valid CDL may be transferred from another state authorized to issue a CDL.

(2) Prior to the issuance of a CDL or instruction permit, each applicant shall provide evidence of his/her social security number (SSN) in accordance with Department procedures.

(3) Each applicant shall meet the medical and physical qualifications under FMCSR Part 391.41* and have this examination verified on a DOT medical examination form. Unless the following exceptions apply, each driver shall carry this medical examination form or the medical examiner’s certificate on his/her person when operating a CMV:

(a) Individuals holding a waiver issued by the Colorado State Patrol or the FMCSA.

(b) Those who are exempted under FMCSR Part 391.2* for an individual engaged in farm custom operations; custom harvesting; transporting farm machinery, supplies or both; and certain farm vehicles.

E. ENDORSEMENTS [Eff. 11/30/2008] (1) T-Double/Triple Trailers: Required to operate a CMV used for drawing two or more vehicles or trailers with a GCWR that is 26,001 lbs. or more and combined GVWR of the vehicles being towed are in excess of 10,000 lbs.

(2) P-Passenger: Required to operate a vehicle designed by the manufacturer to transport 16 or more passengers, including the driver.

(3) N-Tank Vehicles: Required to operate a vehicle to haul liquid or liquid gas in a permanently mounted cargo tank rated at 119 gallons or more or a portable tank rated at 1,000 gallons or more.

(4) H-Hazardous Materials: Required to transport materials that require the motor vehicle to display a placard under the hazardous materials regulations.

(5) S-School Buses: Required to operate a school bus used to transport public, private, parochial or any other type of pre-primary, primary, or secondary students from home to school, from school to home or to and from school sponsored events.

(6) X-Combination Tank/Hazmat: Required to operate vehicles that meet the definition of (3) and (4).

F. RESTRICTIONS [Eff. 11/30/2008] (1) Intrastate: The letter “K” is added to the CDL of a driver between the ages of 18 through 20, and/or a driver who has been issued a valid medical waiver from the Colorado State Patrol. Under this CDL restriction, the driver shall not:

(a) Operate a CMV outside the state boundaries;

(b) Transport interstate commerce as defined in the FMCSR 390.5*; or (c) Transport hazardous materials requiring a placard or commodities with a hazard class or subject to the “poison by inhalation hazard” shipping description.

(2) Air brake: The letter “L” is added to the CDL of an individual restricted from operating vehicles equipped with air brakes. Air-over-hydraulic or assisted brake systems are not considered full air brake systems.

(a) The “L” restriction is removed by successfully completing the air brake knowledge test and the driving skill test's in a vehicle equipped with air brakes and is representative of the vehicle class.

(b) Before taking the driving skill tests in a vehicle equipped with air brakes, the individual shall have in his/her possession a CDL permit without the “L” restriction.

(3) No Tractor Trailer: The letters No Trctr Trlr, restrict operation of a truck tractor unit (laden or unladed) designed and used to draw a semi-trailer or tractor. A “NO TRCTR TRLR” will be placed on the Class A CDL restricting the driver from operating a Class A vehicle with a power unit that has a GVWR of 26,001 lbs. or more.

(a) The “NO TRCTR TRLR” restriction can be removed by successfully completing the driving skill tests in a Class A vehicle with a power unit that has a GVWR of 26,001 lbs. or more.

(b) Before taking the driving skill tests in a Class A vehicle with a power unit that has a GVWR of 26,001 lbs. or more, the driver shall have in their possession a CDL Instruction permit without the “NO TRCTR TRLR” restriction.

G. EXEMPTIONS [Eff. 11/30/2008] (1) FMCSR Part 383.3. Applicability authorizes the state to grant certain groups exceptions from the CDL requirements.

(a) FMCSR – Part 383.3 (c): Exception for certain military drivers.

(b) FMCSR – Part 383.3 (d)(1 and 2): Exception for farmers and firefighters are applicable to CRS 42-2-402 (4)(b)(III) and (IV).

(c) FMCSR – Part 383.3 (d)(3): Exception for drivers removing snow and ice.

(d) FMCSR – Part 383.3 (f): Restricted CDL for certain drivers in farm-related service industries.

(2) FMCSR Part 391.2 specifies the exceptions to the physical qualifications for individuals engaged in custom harvesting operations in FMCSR 391.2*.

H. ENTITY ELIGIBLE TO APPLY FOR A TESTING UNIT LICENSE [Eff. 11/30/2008] (1) The Department may authorize a testing unit to administer the CDL driving skill tests on behalf of the Department if such training and testing is equal to the training and testing of the Department.

(2) Enter into a written contract with the Department and agree to:

(a) Maintain an established place of business in Colorado with a vehicle fleet of no less than three CMV’s owned, leased or registered to the testing unit, the business owner or an employee of the business; or (b) Maintain an adult education occupational business license with the Division of Private Occupational School, a division of the Colorado Department of Higher Education; or (c) Be an agency of government, public school district, private or parochial school or other type of pre-primary, primary, or secondary school transporting students from home to school or from school to home.

I. TESTING UNIT REQUIREMENTS [Eff. 11/30/2008] (1) An entity shall apply for and receive a CDL testing unit license from the Department in order to administer CDL driving skill tests for the licensing period. The CDL testing license expires on June 30th of each year. The license(s) for both the testing unit and driving tester(s) shall be displayed in the place of business.

(a) Testing unit license fees are: $300.00 initial license; $100.00 annual renewal fee;

(b) Driving Tester License fees are: $100.00 initial license; $50.00 annual renewal fee.

(c) Driving tester license transfer fee: $50.00. Transferring from one unit to another within six months of leaving a unit.

(d) Fees are waived for units and testers that only provide public transportation.

(e) Public transportation units that test outside of their unit and do not provide public transportation only, shall submit the appropriate fees.

(e) If a license is not renewed on or before June 30th of each year, the initial fees will apply. Unit and driving tester license(s) may be suspended or inactivated until appropriate fees and documentation are submitted.

(g) Licenses can be renewed 60 days prior to June 30th of each year.

(2) Testing units shall only test with a valid license issued by the Department.

(3) Testing units shall ensure that each driving tester has a valid license issued by the Department to administer CDL driving skill tests.

(4) The testing unit shall notify the Department in writing within 3 working days of the termination or separation of any driving tester.

(5) The place of business shall be a separate establishment and may not be part of a home. The CDL testing unit shall comply with city zoning and code requirements. The unit’s physical address shall not be a post office box.

(6) The testing unit shall have written permission from the landowner to administer the CDL vehicle basic control tests on areas not owned by the testing unit. This written permission shall be submitted to the Department for approval prior to testing.

(7) The testing unit shall maintain at least one salaried employee who is licensed and designated as a CDL driving tester.

(8) The testing unit shall ensure that the unit’s driving tester(s) administer the CDL driving skill tests as outlined by Department.

(9) The testing unit shall ensure that the unit’s driving tester(s) complete all CDL Third Party Testing forms correctly.

(10) The testing unit shall ensure that the unit’s driving tester(s) administer the CDL driving skill tests to drivers in the vehicle class and/or endorsement(s) that the driver has on his or her instruction permit or CDL.

(11) The testing unit is responsible for ensuring that the testers attend all mandated training provided by the CDL Compliance Section. Failure of the tester to attend scheduled training may result in the suspension of testing privileges.

(12) The testing unit shall submit a weekly testing schedule to the CDL Compliance section. This weekly testing schedule will start on Monday and conclude on Sunday. Weekly schedules shall be submitted by electronic mail or faxed no later than the Friday prior to the week of testing. The weekly testing schedule shall include the: unit’s name, unit’s number, the driver’s name, tester’s number, location, date and time of test. The CDL Compliance section shall be notified of all canceled tests at least four (4) hours prior to the scheduled test or as soon as the testing unit or driving tester is aware of the change.

(13) Driving testers within a testing unit shall administered a minimum of four (4) complete CDL driving skill tests during the previous licensing period to be eligible for renewal.

(14) The testing unit shall ensure that the unit’s driving tester only issues the Colorado CDL Driving Skill Test Completion form for the class of vehicle that the applicant has successfully completed the driving skill test.

(15) The testing unit will allow CDL driving skill tests only on Department approved testing areas and routes.

(16) All three portions of the CDL driving skill tests shall be conducted during daylight hours.

(17) The testing unit shall enter into an agreement with the Department containing, at a minimum, provisions that:

(a) allow the FMCSA, the Department and their representatives to conduct random inspections and audits without prior notice;

(b) require the Department to conduct on-site inspections at least annually;

(c) require all driving testers to meet the same training and qualifications as state examiners, to the extent necessary to conduct CDL driving skill tests in compliance with these rules and regulations;

(d) Required that, at least on an annual basis, Department employees shall take the tests administered by the testing unit as if the state employee were a test applicant, or the Department shall test a sample driver(s) who was tested by the third party to compare pass-fail results; and (e) allow the Department the right to take prompt and appropriate remedial action against any testing unit or driving tester when such driving tester fails to comply with Department or federal standards or any other items of the contract or the rules and regulations.

(f) ensure driving testers that test outside of their unit obtain the AAMVA CDL third party tester certification by December 31st of each year, as required by the Department. AAMVA membership fees are the responsibility of the driving tester.

(18) Charge fees only in accordance with 42-2-406, CRS. A tester and a testing unit shall only charge for tests administered.

(a) The fees for the administration of driving skill tests for commercial drivers shall not exceed the sum of one hundred seventy-five dollars.

(b) The fees for the administration of driving skill tests for commercial drivers to any employee or volunteer of a nonprofit organization that provides specialized transportation services for the elderly and for persons with disabilities, to any individual employed by a school district, or to any individual employed by a board of cooperative services shall not exceed one hundred dollars.

(c) The fees for the administration of a retest for a commercial driver after failing all or any of the driving tests shall not exceed one hundred seventy-five dollars.

(d) The fees for the administration of a retest for a commercial drivers to any employee or volunteer of a nonprofit organization that provides specialized transportation services for the elderly and for persons with disabilities, to any individual employed by a school district, or to any individual employed by a board of cooperative services shall not exceed one hundred dollars.

(19) Make all CDL testing records available for inspection during regular business hours.

(20) Hold the state harmless from liability resulting from the administration of the CDL program.

(21) Make annual application for renewal of the unit’s testing license and individual tester license(s) before the license expires on June 30th of each year.

J. DRIVING TESTER REQUIREMENTS [Eff. 11/30/2008] (1) The driving tester shall possess a valid USDOT medical card and a valid CDL with the appropriate class and endorsement(s) to operate the vehicle(s) in which the CDL driving skill tests are administered.

(2) The driving tester shall conduct the full CDL driving skill tests in accordance with Department procedures and shall use state grading forms.

(3) The driving tester shall administer all portions of the CDL driving skill tests in English.

(4) Interpreters are not allowed for any portion of the driving skill tests.

(5) The driving tester agrees as part of the application to hold the State harmless from the liability of CDL driving skill testing.

(6) The driving tester shall test in the CDL class of vehicle or endorsement(s) group authorized by the Department.

(7) Prior to administering the CDL driving skill tests, the tester shall ensure that the applicant has in his/her immediate possession, a current USDOT medical card, a current CDL instruction permit or a current CDL for operating the class and endorsement(s) of vehicle being used for testing.

(8) The driving tester shall ensure that the vehicle that the CDL Skill tests will be administered in shall be in proper working and mechanical order.

(9) A driving tester removed from performing a safety sensitive function, shall not perform any functions under the CDL Third Party Testing Program.

(10) The vehicle inspection, the basic vehicle control skills and the on-road driving tests shall be administered by the same tester in sequential order with no more than a 15-minute break between each test and the road test. Tests shall be scheduled to avoid the lunch break.

(11) The driving tester shall be employed by a licensed testing unit prior to attending a new CDL Third Party tester’s training class.

(12) The driving tester may only administer the CDL driving skill tests on a test area and route that has been approved by the Department. With prior approval from the Department, a driving tester may use an alternate test area and route that has been approved by the Department.

(13) The driving tester shall inform the applicant that he/she may be randomly selected for a retest as mandated by the FMCSR 383.75(a)(2)(iv)*. The driving tester shall ensure that the applicant reads and signs the DR2736 (Colorado CDL Driving Skill Test Completion form).

(14) The driving tester may administer CDL driving skill tests as an employee of, and on behalf of, the licensed testing unit. The driving tester may administer tests for more than one unit. However the driving tester shall be licensed under each unit to conduct testing on his/her behalf. The tester shall keep all CDL records separate for each testing unit. License fees shall apply.

(15) If an applicant fails any portion(s) of the CDL driving skill tests they shall return on a different day and perform all three (3) portions of the test over.

(16) The driving tester shall administer at least four (4) complete CDL driving skill tests within the twelve- month period preceding the application for renewal from the Department.

(17) The driving tester shall verify the identity of the driver by comparing the photo on a drivers’ license with the driver.

(18) Upon leaving a testing unit, the driving tester’s license may be transferred to another testing unit within 6 months. If the tester is not employed at a licensed testing unit within 6 months, the tester will be required to attend a new tester training class to be licensed by the Department. All training and license fees shall apply and are the responsibility of the tester.

(19) The driving tester cannot administer CDL tests to a driver that he/she has trained within the same day.

K. COURSE AND ROUTE REQUIREMENTS [Eff. 11/30/2008] (1) A testing unit shall have a paved area for the CDL vehicle inspection; vehicle control skill testing that is large enough to administer all of the required CDL control maneuvers. These include:

(a) Solid painted lines and traffic cones shall be used to mark the testing boundaries in accordance with Department standards.

1. (i) Traffic cones used to mark the test boundaries shall be a minimum of twelve inches in height and the same size traffic cones shall be used for each maneuver. Traffic cones shall be replaced when they are no longer retaining the original shape and color.

(b) The vehicle control testing area shall be cleared to a condition that allows the applicant to readily determine the boundary lines and cones during the test.

1. (i) The testing area boundaries shall be cleared of snow, debris, or vehicles that would obstruct the applicant’s view during the vehicle control maneuvers.
2. (ii) Testing on dirt, sand or graveled area is not allowed.

(c) The testing unit shall request and receive approval from the Department for any change(s) to the approved road test route prior to administering a CDL road test.

L. RIGHTS [Eff. 11/30/2008] (1) The driving tester may refuse to test any applicant. The tester shall notify the CDL Compliance section if an applicant is refused a test and refer that applicant to the CDL Compliance Section.

(2) Governmental driving testers who want to test outside of their own unit shall request, in writing, and receive approval from the CDL Compliance Section prior to administering CDL tests.

M. RECORDING AND AUDITING REQUIREMENTS [Eff. 11/30/2008] (1) An applicant who has successfully completed the driving skill tests shall be issued the “Colorado CDL Driving Skill Test Completion” form (DR 2736). The testing unit will retain the carbon copy of this form and attach it to all of the applicant’s score form(s) for the testing unit’s records. This form is not authorization to the driver to drive unsupervised.

(2) The CDL Compliance Section shall be notified in writing after an applicant fails the road test portion of the driving test. All failures shall be reported on the monthly report and testers shall fax or send electronically the failed road test (front and back) score form to the CDL Compliance Section no later than 5 p.m. of the following business day.

(3) The testing unit shall maintain all pass/fail records for three years. These will include the CDL driving skill testing records for each driver tested, the dates of the testing, the applicant’s identification information, the vehicle information and the name and state assigned tester number who administered the test. If a testing unit becomes unlicensed, the unit shall return all testing records to the Department within 30 days.

(4) A testing unit shall prepare and submit a monthly report of testing results to the Department. The report shall include: the unit’s name, the unit’s number, the name of each applicant tested, CDL permit Number, endorsements (H, X, P), the length of time it took to administer the test (i.e. start and completion time), and the pass/fail results. These reports shall be submitted to CDL Compliance Section by the fifth day of each month .

(a) After three years, testing units may destroy all pass/fail records (shred, burn).

(5) During CDL compliance audits and/or inspections, driving testers shall cooperate with the Department and FMCSA, by allowing access to testing areas and routes, furnishing driving skill testing records and results, and other items pertinent to the mandated inspection. The tester must surrender testing records upon request. The tester may make copies and retain copies of such records.

(6) If the testing unit provided the vehicle for the initial test, the testing unit will furnish the vehicle for a driver selected for a retest. No fees, including any vehicle rental fees required for testing will be collected for this mandatory evaluation. The Department shall not be held liable during retests for any damage, injury or expense incurred.

(7) If the driver tested in his/her own vehicle, the driver selected shall supply the vehicle for the test.

(8) The testing unit will not be authorized to conduct any further testing if the CDL Compliance Section determines that the testing unit is not cooperating with the audit requirements.

N. BOND [Eff. 11/30/2008] (1) A testing unit that is not an agency of government, or any Colorado school district, shall maintain a bond in the amount of $20,000.00 with the Department. A surety company authorized to do business within the State of Colorado shall execute the bond.

(a) The bond shall be for the use and benefit of the Department in the event of a monetary loss within the limitations of the bond, attributable to the willful, intentional or negligent conduct of the testing unit or its agent(s) or employee(s).

(b) If the amount of the bond is decreased or terminated, or if there is a final judgment outstanding on the bond, the testing unit’s license shall be suspended. The suspension shall continue until satisfactory steps are taken to restore the original amount of the bond required by the Department.

(2) A testing unit that is an agency of government, or any Colorado school district, that will administer CDL driving tests outside of their unit, shall maintain a bond in the amount of $5,000.00 with the Department. A surety company authorized to do business within the State of Colorado shall execute the bond.

(a) The bond shall be for the use and benefit of the Department in the event of a monetary loss within the limitations of the bond, attributable to the willful, intentional or negligent conduct of the testing unit or its agent(s) or employee(s).

(b) If the amount of the bond is decreased or terminated, or if there is a final judgment outstanding on the bond, the testing unit’s license shall be suspended. The suspension shall continue until satisfactory steps are taken to restore the original amount of the bond required by the Department.

O. ETHICAL REQUIREMENTS FOR THIRD PARTY TESTING UNITS [Eff. 11/30/2008] (1) No advertisement shall imply that a unit can issue or guarantee the issuance of a CDL.

(2) No advertisement shall imply that the unit has any influence over the Department in the issuance of a license.

(3) No tester, employee, or agent for the testing unit will be permitted to solicit on the premise of a Colorado State Driver License Office.

(4) No test can be administered unless the applicant is present.

(5) A fee cannot be collected unless an applicant is present.

P. REVOCATION, CANCELLATION OR SUSPENSION OF TESTING UNITS AND TESTERS. [Eff. 11/30/2008] (1) The license of a testing unit or driving tester may be suspended or revoked for willful or negligent actions that may include but are not limited to any of the following:

(a) Misrepresentation on the application to be a testing unit or driving tester;

(b) Improper testing and certification of an applicant who has applied for a CDL;

(c) Falsification of test documents or results;

(d) Violations of the provision of the CDL rules related to the testing unit and driving testers;

(e) Failure to employ a minimum of at least one licensed CDL tester;

(f) Willful action to avoid or the refusal to cooperate in a CDL Compliance audit and record review; and (g) Violations of the contract terms and conditions; and (h) For cause.

(2) Summary Suspension: The Department may issue an immediate cease testing notice if it has reasonable grounds to believe that a testing unit or driving tester has deliberately and willfully violated the provisions of these rules or the law, or that the public health, safety or welfare imperatively requires emergency action. The cease testing notice shall operate as a summary suspension of the license, and testing shall not be permitted until the issue is resolved. The notice shall state the reason(s) for the order, shall offer the tester or testing unit a hearing, and shall be sent to the tester or testing unit at issue. If the tester or testing unit requests a hearing, proceedings for suspension or revocation of the license shall be promptly instituted and determined.

(3) Appeal Process: A testing unit or driving tester may contest a cease testing notice, notice of suspension or a notice of violation by requesting a hearing. The request must be submitted in writing and appropriately labeled, such as “CDL Cease Testing Appeal,” to the Department of Revenue, Hearings Division, 1881 Pierce Street, Room 106, Lakewood, Colorado, 80214. Subsequent appeal may be had as provided by law.

(4) Material incorporated by reference in this rule does not include later amendments to or editions of the incorporated material. Copies of the material incorporated by reference may be obtained by contacting the Division of Motor Vehicles, Division of MCS of the Department of Revenue, 1881 Pierce Street, Room 118, Lakewood, Colorado, 80214, 303-205-5600, and copies of the materials may be examined at any state publication depository library. _____________________________________________________ Editor’s Notes History Entire Rule Eff. 11/30/2008 .