Current through Register Vol. 48, 12, December 27, 2024
Section 38-383.75 - Third party testing(a) Third party tests. A State may authorize a person (including another State, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of a local government) to administer the skills tests as specified in Subparts G and H of 38-382, if the following conditions are met:(1) The tests given by the third party are the same as those which would otherwise be given by the State; and(2) The third party as an agreement with the State containing, at a minimum, provisions that: (i) Allow the FHWA, or its representative, and the State to conduct random examinations, inspections and audits without prior notice;(ii) Require the State to conduct on site inspections at least annually;(iii) Require that all third party examiners meet the same qualification and training standards as State examiners, to the extent necessary to conduct skills tests in compliance with Subparts G and H;(iv) Require that, at least on an annual basis, State employees take the tests actually administered by the third party as if the State employee were a test applicant, or that States test a sample of drivers who were examined by the third party to compare pass/fail results; and(v) Reserve unto the State the right to take prompt and appropriate remedial action against the third party testers in the event that the third party fails to comply with State or Federal standards for the CDL testing program, or with any other terms of the third party contract.(b) Proof of testing by a third party. A driver applicant who takes and passes driving tests administered by an authorized third party shall provide evidence to the State licensing agency that he/she has successfully passed the driving tests administered by the third party.S.C. Code Regs. § 38-383.75
Added by State Register Volume 30, Issue No. 4, eff April 28, 2006.