DEPARTMENT OF REVENUE Division of Motor Vehicles MOTORCYCLE SKILL TESTING RULES 1 CCR 204-20 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] STATUTORY BASIS AND PURPOSE [Emer. Rule eff. 9/25/2008] (1) Motorcycle Third Party Testing Intent The rules contained herein are intended to provide operating and procedural instructions to third party organizations for the administration of the two-wheel and three-wheel motorcycle skills tests to candidates for the addition of the motorcycle operators M or 3 endorsement to a valid Colorado driver's license.

(2) Need For Rules To facilitate the extension of departmental services through third party testing organizations as provided for by CRS 42-2-111(b).

(3) Authority to Make Rules (a) CRS: 42-1-204: Uniform rules and regulations. The executive director of the department has the power to make uniform rules and regulations not inconsistent with articles 1 to 4 of this title and to enforce the same.

(b) CRS: 42-2-111(1)(a): The department, in issuing the driver license for certain types of general classes of vehicles, may waive any examination required by paragraph (a) of this subsection (1) for applicants and may certify certain employers, governmental agencies, or other appropriate organizations to train and examine all applicants for such certain types or general classes of licenses, if such training and examination is equal to the training and examination of the department.

DEFINITIONS AS USED IN THESE RULES [Emer. Rule eff. 9/25/2008] (1) Motorcycle: CRS 42-1-102(55), defines a motorcycle as a motor vehicle that is designed to travel on not more than three wheels in contact with the ground.

(a) Motor Vehicle - See: CRS 42-1-102(58). A self-propelled vehicle that is primarily designed travel on the public highways.

(2) Third Party Organizations / Testers: Private non-departmental organizations and individuals that are trained and certified by the department to administer the motorcycle skill test on behalf of the department.

CERTIFICATION AS A MOTORCYCLE SKILL TESTING ORGANIZATION OR TESTER [Emer. Rule eff. 9/25/2008] (1) The third party motorcycle skill testing organization and tester must receive certification from the department to conduct motorcycle skill testing and to issue documents of testing completion.

(2) Certification as a third party motorcycle skill testing organization or tester will be valid until December 31 of the year of application.

(3) Individuals who complete the two-wheel motorcycle skill tester training class conducted by the department and later demonstrate their testing knowledge to a department representative on the organization’s testing area, will be assigned a tester number to be used for the processing of motorcycle skill testing documents.

(a) There is no fee required for the two-wheel motorcycle skill tester training or certification.

(b) The organization will receive its certification and assigned testing number when their first tester receives his/her certification and testers number.

(4) Organizations seeking training for individual testers, and subsequent certification by the department, in the testing of three-wheel motorcycles must do so at the expense of the organization, through a department approved training program.

(a) Upon presentation of successful completion of the department approved three-wheel motorcycle tester training program, qualified testers will be assigned a tester number to be used for the processing of three-wheel motorcycle skill testing documents.

(b) There is no fee required for the three-wheel motorcycle skill tester certification.

(5) The motorcycle skill testing organization’s and tester’s certificate must be displayed in the organization’s office and available for inspection.

THIRD PARTY MOTORCYCLE SKILL TESTING ORGANIZATION [Emer. Rule eff. 9/25/2008] (1) The third party motorcycle skill testing organization is responsible for insuring that their testing area meets departmental requirements for motorcycle skill testing.

(2) The third party motorcycle skill testing organization is responsible for insuring that their tester administers the motorcycle skill test to the same standard as they were trained by either the department or through the department approved program.

(a) The organization will allow the department to conduct random inspections and audits of the organization’s motorcycle operators testing records, procedures and testing areas, to insure compliance to the testing program.

(3) Third party testers are allowed to administer the motorcycle skill test to operators of two-wheel and three-wheel motorcycles, with appropriate certification.

(a) The department will provide the skill test only to operators of two-wheel motorcycles and only at certain driver’s license office locations.

(4) The third party motorcycle skill testing organization may establish their own fee for administering the motorcycle skill test.

(5) The third party motorcycle testing organization must ensure the individual holds a valid Colorado motorcycle instruction permit.

(6) Only the organization’s certified motorcycle skill testers are allowed to administer the motorcycle skill test on behalf of the organization.

(7) Third party motorcycle skill testing must be done during daylight hours or at approved motorcycle testing sites where there is sufficient illumination to administer and perform the test as if there was daylight.

(a) Prior to administration of the motorcycle skill test, the testing site must be free of water, ice and snow.

(b) Individuals who successfully pass the motorcycle skill test will be given a testing completion statement listing their name, motorcycle instruction permit number and the name of the third party organization’s tester and his/her state assigned motorcycle skill testing number.

(c) Those applicants who fail the motorcycle skill test will have this failure noted on their driving skill testing score sheet form. A copy of this driving skill testing score sheet must be received by mail or fax to the department’s Driver Education Compliance Section within five working days. The organization will retain the applicant’s original drive test score sheet form.

(d) Testing score sheets, and the organization’s copy of the testing completion statement for those individuals who passed the motorcycle skill test are to be retained by the organization for three years.

(e) The organization is required to submit a monthly report to Drivers License Administration indicating the number of individuals who passed or failed the motorcycle skill test during that testing period.

8. The organization may refuse to test any motorcycle skill applicant. Applicants for the motorcycle skill test who are refused will be referred to the driver's license offices or, in the case of a three-wheel motorcycle, to another approved testing organization.

THIRD PARTY MOTORCYCLE SKILL TESTING REQUIREMENTS FOR TESTERS [Emer. Rule eff. 9/25/2008] (1) It is the tester's responsibility to have the testing forms and equipment necessary to prepare the area for testing and to conduct the motorcycle skill test.

(2) Testing may only be administered on a test area that has been approved by the department.

(3) A tester must follow the department’s requirements for administering and grading the motorcycle skill test.

(4) A tester is only allowed to test for the organization under which he or she is certified.

(5) A tester is not permitted to allow another individual to use the motorcycle skill tester number for processing documents.

(6) The tester is responsible for insuring that the testing score sheet and completion statement are completed correctly and testing records are accurate.

DECERTIFICATION OR SUSPENSION OF THIRD PARTY MOTORCYCLE TESTING ORGANIZATIONS OR EXAMINERS [Emer. Rule eff. 9/25/2008] (1) The certificate of a motorcycle third party testing organization or examiner may be suspended or revoked for willful or negligent actions which may include any of the following:

(a) Misrepresentation on the application to be a motorcycle third party testing organization or testing examiner.

(b) Improper testing and certification of applicants who are applying for the motorcycle endorsement.

(c) Falsifying of testing documents or results.

(d) Violations of the provision of the rules related to third party testing organizations and examiners.

(e) Willful action to avoid or the refusal to cooperate in a compliance audit and record review. DECERTIFICATION OR SUSPENSION PROCESS FOR THIRD PARTY MOTORCYCLE SKILL TESTING ORGANIZATIONS OR SKILL TESTERS [Emer. Rule eff. 9/25/2008] (1) Summary Suspension:

As provided by CRS 24-4-104(4) 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.

(2) Appeal:

Initial appeals to a cease testing notice are to be requested by the organization or the skill tester to the Motor Vehicle Division, Driver's License Administration Section. A meeting will be held at the department with the organization or the skill tester to correct the problem and allow continuation of the testing privilege. If a resolution to the matter cannot be reached, a hearing by the Department of Revenue Hearing Section must be requested by the organization or the skill tester, for reinstatement of the motorcycle skill testing privilege.

(3) Hearing on Decertification or Suspension:

Hearing requests to appeal decertification or suspension as an authorized tester will be made by the organization or the skill tester though Drivers License Administration. Drivers License Administration will schedule the hearing with the Department of Revenue Hearings Section as provided for under CRS 24-4-105 - Hearings and Determinations. All publications and rules adopted and incorporated by reference in these regulations are on file and available for public inspection by contacting the Department of Revenue, Motor Vehicle Division, Drivers License Section, 1881 Pierce Street, room 136, Lakewood, CO. 80215. This rule does not include later amendments to or additions of any materials incorporated by reference. Materials incorporated by reference may be examined at any state publication depository library. _____________________________________________________ Editor’s Notes History Entire Emergency Rule eff. 7/17/2008. Entire Emer. Rule eff. 9/25/2008.