1. (1) Application for an original or renewal Third-party Tester certification shall be made on a form furnished by the division, and shall include:

   1. (a) name of Third-party Tester;
   2. (b) address of Third-party Tester;
   3. (c) number of years Third-party Tester has been in business;
   4. (d) names of all Third-party Examiners;
   5. (e) addresses of all testing sites;
   6. (f) name of the designated representative; and
   7. (g) copy of business license.
2. (2) Upon receipt of the application, fingerprint card and required fees, the division shall schedule an appointment with the Third-party Tester to determine eligibility, establish test routes, schedule instruction and provide forms.

3. (3) A written agreement shall be made with the state to conduct skills test as required by Federal regulations established in 49 CFR 383.75. The agreement shall contain the following provisions:

   1. (a) allow the Federal Motor Carrier Safety Administration (FMCSA) or its representative, and/or the division to conduct random examinations, inspections and audits without prior notice;
   2. (b) allow the division to conduct on-site inspections annually or when deemed necessary by the division;
   3. (c) require all Third-party Examiners receive training approved by the division which requires them to conduct skills tests in compliance with the FMCSA minimum standards; and

   4. (d) require at least one of the following on an annual basis:

      1. (i) a division representative take the tests actually administered by the Third-party Examiner as if the division representative were a test applicant;
      2. (ii) the division test a sample of drivers who were examined by the Third-party Examiner to compare pass/fail results; or
      3. (iii) the division co-score along with the Third-party Examiner during CDL skills test to compare pass/fail.

4. (4) The Third-Party tester shall:

   1. (a) have an established business for a minimum of two years, or employ a Third-party Examiner that has been certified the previous two years under R708-21-5;
   2. (b) maintain a current business license required by the municipality or county;
   3. (c) have at least one qualified and approved Third-party Examiner;

   4. (d) require that Third-party Examiners:

      1. (i) administer at least ten CDL skills tests in the year preceding the renewal of the Third-party Tester application; or
      2. (ii) be observed by the division representative administering at least one CDL skills test in the proper manner;
   5. (e) name a designated representative(s) that will sign signature cards for new employees and withdraw the authority of employees that are no longer certified to test for the company;
   6. (f) not be permitted to engage the service of an employee of the division as an examiner, agent, or employee; and
   7. (g) submit a fingerprint card and a check or money order to the division, made payable to the Utah Bureau of Criminal Identification, to cover the cost associated with a criminal history background check and FBI check.
5. (5) Certification shall be valid for a period of 12 months. No later than one month prior to expiration of certification, the Third-party Tester shall submit a renewal application to the division.

KEY: motor vehicle safety, inspections

Date of Last Change: August 8, 2013

Notice of Continuation: January 14, 2022

Authorizing, and Implemented or Interpreted Law: 53-3-104; 53-3-407.1; 49 CFR 383.75