§ 55-50-415 — Third-party skill testing program

(a) As used in this section, unless the context otherwise requires: (1) "Entity" means: (A) A private corporation with at least one (1) employee, licensed to do business by the secretary of state, but not an individual person; or (B) A local, county, or state government, or subdivision thereof, including, but not limited to, kindergarten through grade twelve (K-12) public schools and institutions of higher education; (2) "Third-party skills test" means the skills test required to obtain a commercial driver license that is administered by a third-party skills test examiner and that includes, but is not limited to, the pre-trip inspection, basic skills, and road skills; (3) "Third-party skills test company" means an entity that contracts with and is certified by the department to provide third-party skills tests performed by third-party skills test examiners; and (4) "Third-party skills test examiner" means an individual who has been authorized by the department to perform third-party skills tests. (b) There is established a third-party skills testing program administered by the department for the purpose of facilitating the testing and licensure of commercial drivers. In furtherance of the program: (1) The department may contract with one (1) or more third-party skills test companies, subject to applicable contracting statutes and regulations; and (2) The department may charge a third-party skills test company an annual fee not to exceed five hundred dollars ($500) to cover the costs of administering the program. The department shall establish the annual fee by rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department may allow the fee to be waived for a public entity that becomes a third-party skills test company. (c) An entity applying to be a third-party skills test company: (1) Must have access to an appropriate testing area within this state that the department approves for conducting third-party skills tests; (2) Must agree to charge a test taker no more than two hundred fifty dollars ($250) per third-party skills test, including the test itself and all associated fees and charges; (3) Must agree to issue to a successful test taker an indicator of passage on the skills test, either on a form developed by the department or by other means authorized by the department, which may include electronic means; (4) Must initiate and maintain a bond in an amount determined by the department to be sufficient to pay for retesting drivers in the event that the third-party skills test company or one (1) or more of its third-party skills test examiners working for the company is involved in fraudulent activities related to testing applicants for a CDL. A third-party skills test company that is a government entity is not required to maintain a bond; and (5) Must satisfy other eligibility criteria as the department may establish by rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) An individual applying to be a third-party skills test examiner: (1) Must be at least twenty-one (21) years of age; (2) Must possess a valid CDL with the classification and endorsement commensurate with the third-party skills test that the individual is applying to administer; (3) Must possess a valid medical card or certificate; (4) Must provide the individual's ten-year driving history. If the individual's entire driving history is shorter than ten (10) years, then the individual must provide the individual's entire driving history; (5) Must not have been convicted of: (A) A misdemeanor within the past ten (10) years resulting from the applicant driving while intoxicated; (B) A felony within the past ten (10) years; or (C) A crime involving fraudulent activities; (6) Must complete the department's initial training program; and (7) Must satisfy other eligibility criteria as the department may establish by rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (e) An application to become a third-party skills test company or a third-party skills test examiner must be submitted to the department on a form and in a manner as the department may prescribe. (f) A CDL applicant shall remit payment for the administration of a third-party skills test to the third-party skills test company, regardless of whether the skills test was administered by a third-party skills test examiner who is an employee of the company or a contractor for the company. (g) (1) A third-party skills test examiner must perform a minimum of thirty (30) third-party skills tests per year. A third-party skills test counts toward this requirement whether or not the test was administered to a person employed by or attending a training program sponsored by the third-party skills test company with which the examiner is associated. If a third-party skills test examiner does not meet this requirement, then the third-party skills test examiner must either take a refresher training course administered by the department or have a state-employed CDL examiner co-score the next third-party skills test that the third-party skills test examiner administers. (2) (A) Notwithstanding subdivision (g)(1), a third-party skills test examiner who is unable to perform the required thirty (30) third-party skills tests per year may apply to the department of safety for a waiver of this requirement. (B) The commissioner or the commissioner's designee may grant the waiver upon good cause shown. (C) If the waiver is denied, then compliance with subdivision (g)(1) is required. (h) Each third-party skills test company and each area where third-party skills tests are administered must be inspected by the department on initial application. Thereafter, inspections may occur at the discretion of the department or the FMCSA. (i) Third-party skills test companies and third-party skills test examiners must keep accurate records of all skills tests administered and the results of the tests administered, including whether an applicant passed or failed each portion of the skills test. These records must be available during normal business hours for audit or inspection by the department or the FMCSA. Failure to comply with department records requirements may result in disciplinary action up to and including termination of the third-party testing company's contract with the department. A CDL driver whose testing cannot be verified because a third-party skills test company or a third-party skills test examiner failed to keep or produce accurate records may be required to undergo a re-examination of one (1) or more aspects of the skills test by the department. (j) A third-party skills test examiner may apply to the department to be authorized to perform school bus (S) endorsement skills testing pursuant to rules promulgated by the department in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (k) (1) A third-party skills test company is not an agent of the department. (2) A third-party skills test examiner must be an employee or a contractor of a third-party testing company, and a third-party skills test examiner is not an agent or employee of the department for any purpose.

Legislative History

Added by 2022 Tenn. Acts, ch. 992, s 3, eff. 7/1/2022.