Common use of Test Administration Clause in Contracts

Test Administration. CDL skills tests may only be conducted: a. On test routes approved in advance by the Department; b. In a vehicle that is registered and insured in a manner prescribed by the Department and for which the CDL Third Party Examiner is qualified to test; and c. Using content, forms, and scoring procedures approved in advance by the Department. Each CDL skills test score sheet will contain the tag number of the vehicle. If there is no tag number on the vehicle no test may be administered. The Third-Party Tester acknowledges and understands that the Third-Party Examiner will do the following: a. All Examiners must submit, in a manner prescribed by the department, to the Compliance Analyst and to the CDL Program Manager a testing schedule for all testing to be conducted. 1. This schedule must be submitted five (5) days in advance of the scheduled test. 2. The term “schedule” refers to “times, dates, and places” for the purposes of this subparagraph. 3. No tests may be given if not specified on the schedule. 4. The Compliance Analyst must approve all scheduling exceptions. b. The Third-Party Examiner must contact their assigned DDS Compliance Analyst, by telephone or e-mail, immediately upon notification from the student of a test cancellation. c. Conduct skills tests only on behalf of Third Party Tester, in accordance with this Agreement, current directives provided by the Department, and all applicable federal and state statutes and regulations. Departmental directives may include instructions on skills test content, route selection, route revision, test forms, examiner procedures, administrative procedures and changes to prior requirements; d. Attend and successfully complete all advanced training courses, workshops, seminars, etc., that may be required by the Department; e. Only administer the skills tests on behalf of approved locations utilizing the approved skills course and road test route for each approved location. f. Submit on a form prescribed by the Department a request to test at additional Third Party Testers unless testing under the same umbrella. 1. A Third Party Testing Agreement must be signed and approved for each location an Examiner wishes to test. g. Not test relatives (by blood or marriage). h. May administer skills test to both Georgia and Out-of-State applicants holding a valid Commercial Learners Permit (CLP) and underlying license. i. Conduct the skills test in the following order: (1) Vehicle inspection; (2) Basic Control Skills; and (3) On the road skills driving test. 1. If the driver fails to complete all three steps of the airbrake check correctly then it is considered an automatic failure and no further testing is conducted. 2. If the driver fails any part of the test no further testing will be administered. j. Comply with re-testing standards established by the Department. k. Not conduct or allow practice sessions with the testing examiner prior to the actual test. l. Maintain, under lock and key, an individual file on each applicant, which contains all information pertaining to the applicant. 1. No one other than the Third-Party Examiner, designated school staff, and designated DDS employees or FMCSA representative shall be authorized to access these files. 2. Verify the driver has completed all applicable parts of Entry Level Driver Training (ELDT) prior to conducting skills tests. m. Schedule Class A, Class B, and Class C CDL skills tests with at least two- hour intervals not to exceed five (5) tests per day. n. Conduct all CDL skills test in English only. o. Be ready and willing to administer CDL skills tests on the dates and times submitted on the testing schedule, unless prior cancellation has been received from the student or testing is cancelled due to acts of nature, such as flooding, fire or natural disaster. p. Third Party Examiners must comply with the following: 1. The Commercial License Permit (CLP) holder with a ‘P’ endorsement is prohibited from operating a commercial motor vehicle (CMV) carrying passengers, other than Federal/State auditors and inspectors, test examiners, other trainees, and the CDL holder accompanying the CLP holder. The ‘P’ endorsement must be class specific. 2. The CLP holder is at all times accompanied by the holder of a valid DL who has the proper endorsement(s) necessary to operate the CMV. The CDL holder must at all times be physically present in the front seat of the vehicle next to the CLP holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and must have the CLP holder under observation of a direct supervisor. 3. The applicant must take both the Passenger ‘P’ and School Bus ‘S’ endorsement knowledge tests which are required for all drivers who operate school buses; these endorsements will be placed on the permit with a ‘P’ restriction which prohibits passengers in the CMV bus. When the applicant has completed all training and taken and passed the CDL skills testing for issuance of the CDL license, both the ‘P’ and ‘S’ endorsements will be put on the license. q. It is advised that the Third-Party Examiner that conducts the examination of a CDL applicant not also be responsible for training that applicant. In cases where this occurs the Third-Party Examiner must obtain approval from the CDL Compliance Manager prior to testing the applicant. The Department may conduct additional monitoring events in these situations. r. Third Party Examiners agree to conduct the CDL skills test examinations for students/employees upon request. This requirement may be waived by the Department. s. Any violation of the Third-Party Agreement, FMCSA regulations, or rules may result in sanctions being imposed ranging from probation to revocation. t. Ensure that neither material furnished by the Department (i.e. CDL Examiner’s manual, CDL skills test score sheets, etc.), any part of the CDL written test, nor the approved CDL road test route is used for instruction or training purposes. Upon a driver’s successful completion of a CDL skills test, the Third-Party Examiner shall submit the scores and scoresheets to DDS via CSTIMS The Third-Party Examiner must complete a Verification of Passed CDL Skills Test Administration form (RC-CDL-VPST) to give to the applicant to present to a DDS Customer Service Center. u. Ensure that the CDL skills test score sheets are completed with all the required information and endorse each sheet with his or her signature. No one other than the Third-Party Examiner, designated DDS employees, or FMCSA personnel or agents shall be authorized to access these files. The Third-Party Examiner must indicate on the CDL skills test score sheet and advise the applicant of the following restrictions: a. An 'automatic transmission' restriction will be placed on the CDL if the driver tests in a vehicle that was not a manual transmission – restriction code ‘E.’ b. A ‘no-tractor trailer’ restriction will be placed on the CDL if the driver tests in a vehicle that is connected with a pintle hook or other non-fifth wheel connection – restriction code ‘O.’ c. An 'air brake' restriction will be placed on the CDL if the driver tests in a vehicle that is not equipped with air brakes – restriction code ‘L.’ d. A 'no Class A passenger bus' restriction will be placed on the CDL if the driver tests is a Class B bus – restriction code ‘M.’ e. A 'no Class A or Class B passenger bus' restriction will be placed on the CDL if the driver tests in a Class C bus – restriction code ‘N.’ f. An ‘intrastate commerce only’ restriction will be placed on the CDL if the driver has to obtain a vision exemption waiver from the state in order to meet medical requirements or if the driver is under the age of 21 – restriction code ‘K.’ g. A 'no full air brake' restriction will be placed on the CDL if the driver tests in a vehicle that operates partially on the air brake and partially on the hydraulic brake principle – restriction code ‘Z.’ h. A ‘P’ restriction code (no passengers in CMV bus) will be placed on all permits issued with ‘P’ and ‘S’ endorsements. i. A ‘X’ restriction code (no cargo in CMV tank vehicle) will be placed on all permits issued with a tank endorsement.

Test Administration. CDL skills tests may only be conducted: a. On test routes approved in advance by the Department; b. In a vehicle that is registered and insured in a manner prescribed by the Department and for which the CDL Third Party Examiner is qualified to test; and c. Using content, forms, and scoring procedures approved in advance by the Department. Each CDL skills test score sheet will contain the tag number of the vehicle. If there is no tag number on the vehicle no test may be administered. The Third-Party Tester acknowledges and understands that the Third-Party Examiner will do the following: a. All Examiners must submit, in a manner prescribed by the department, to the Compliance Analyst and to the CDL Program Manager a testing schedule for all testing to be conducted. 1. This schedule must be submitted five (5) days in advance of the scheduled test. 2. The term “schedule” refers to “times, dates, and places” for the purposes of this subparagraph. 3. No tests may be given if not specified on the schedule. 4. The Compliance Analyst must approve all scheduling exceptions. b. The Third-Party Examiner must contact their assigned DDS Compliance Analyst, by telephone or e-mail, immediately upon notification from the student of a test cancellation. c. Conduct skills tests only on behalf of Third Party Tester, in accordance with this Agreement, current directives provided by the Department, and all applicable federal and state statutes and regulations. Departmental directives may include instructions on skills test content, route selection, route revision, test forms, examiner procedures, administrative procedures and changes to prior requirements; d. Attend and successfully complete all advanced training courses, workshops, seminars, etc., that may be required by the Department; e. Only administer the skills tests on behalf of approved locations utilizing the approved skills course and road test route for each approved location. f. Submit on a form prescribed by the Department a request to test at additional Third Party Testers unless testing under the same umbrella. 1. A Third Party Testing Agreement must be signed and approved for each location an Examiner wishes to test. g. Not test relatives (by blood or marriage). h. May administer skills test to both Georgia and Out-of-State applicants holding a valid Commercial Learners Permit (CLP) and underlying license. i. Conduct the skills test in the following order: (1) Vehicle inspection; (2) Basic Control Skills; and (3) On the road skills driving test. 1. If the driver fails to complete all three steps of the airbrake check correctly then it is considered an automatic failure and no further testing is conducted. 2. If the driver fails any part of the test no further testing will be administered. j. Comply with re-testing standards established by the Department. k. Not conduct or allow practice sessions with the testing examiner prior to the actual test. l. Maintain, under lock and key, an individual file on each applicant, which contains all information pertaining to the applicant. 1. No one other than the Third-Party Examiner, designated school staff, and designated DDS employees or FMCSA representative shall be authorized to access these files. 2. Verify the driver has completed all applicable parts of Entry Level Driver Training (ELDT) prior to conducting skills tests. m. Schedule Class A, Class B, and Class C CDL skills tests with at least two- hour intervals not to exceed five (5) tests per day. n. Conduct all CDL skills test in English only. o. Be ready and willing to administer CDL skills tests on the dates and times submitted on the testing schedule, unless prior cancellation has been received from the student or testing is cancelled due to acts of nature, such as flooding, fire or natural disaster. p. Third Party Examiners must comply with the following: 1. The Commercial License Permit (CLP) holder with a ‘P’ endorsement is prohibited from operating a commercial motor vehicle (CMV) carrying passengers, other than Federal/State auditors and inspectors, test examiners, other trainees, and the CDL holder accompanying the CLP holder. The ‘P’ endorsement must be class specific. 2. The CLP holder is at all times accompanied by the holder of a valid DL who has the proper endorsement(s) necessary to operate the CMV. The CDL holder must at all times be physically present in the front seat of the vehicle next to the CLP holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and must have the CLP holder under observation of a direct supervisor. 3. The applicant must take both the Passenger ‘P’ and School Bus ‘S’ endorsement knowledge tests which are required for all drivers who operate school buses; these endorsements will be placed on the permit with a ‘P’ restriction which prohibits passengers in the CMV bus. When the applicant has completed all training and taken and passed the CDL skills testing for issuance of the CDL license, both the ‘P’ and ‘S’ endorsements will be put on the license. q. It is advised that the Third-Party Examiner that conducts the examination of a CDL applicant not also be responsible for training that applicant. In cases where this occurs the Third-Party Examiner must obtain approval from the CDL Compliance Manager prior to testing the applicant. The Department may conduct additional monitoring events in these situations. r. Third Party Examiners agree to conduct the CDL skills test examinations for students/employees upon request. This requirement may be waived by the Department. s. Any violation of the Third-Party Agreement, FMCSA regulations, or rules may result in sanctions being imposed ranging from probation to revocation. t. Ensure that neither material furnished by the Department (i.e. CDL Examiner’s manual, CDL skills test score sheets, etc.), any part of the CDL written test, nor the approved CDL road test route is used for instruction or training purposes. Upon a driver’s successful completion of a CDL skills test, the Third-Party Examiner shall submit the scores and scoresheets to DDS via CSTIMS The Third-Party Examiner must complete a Verification of Passed CDL Skills Test Administration form (RC-CDL-VPST) to give to the applicant to present to a DDS Customer Service Center. u. Ensure that the CDL skills test score sheets are completed with all the required information and endorse each sheet with his or her signature. No one other than the Third-Party Examiner, designated DDS employees, or FMCSA personnel or agents shall be authorized to access these files. The Third-Party Examiner must indicate on the CDL skills test score sheet and advise the applicant of the following restrictions: a. An 'automatic transmission' transmission restriction will be placed on the CDL if the driver tests in a vehicle that was not a manual transmission – restriction code ‘E.’ b. A ‘no-tractor trailer’ restriction will be placed on the CDL if the driver tests in a vehicle that is connected with a pintle hook or other non-fifth wheel connection – restriction code ‘O.’ c. An 'air brake' restriction will be placed on the CDL if the driver tests in a vehicle that is not equipped with air brakes – restriction code ‘L.’ d. A 'no Class A passenger bus' restriction will be placed on the CDL if the driver tests is a Class B bus – restriction code ‘M.’ e. A 'no Class A or Class B passenger bus' restriction will be placed on the CDL if the driver tests in a Class C bus – restriction code ‘N.’ f. An ‘intrastate commerce only’ restriction will be placed on the CDL if the driver has to obtain a vision exemption waiver from the state in order to meet medical requirements or if the driver is under the age of 21 – restriction code ‘K.’ g. A 'no full air brake' restriction will be placed on the CDL if the driver tests in a vehicle that operates partially on the air brake and partially on the hydraulic brake principle – restriction code ‘Z.’ h. A ‘P’ restriction code (no passengers in CMV bus) will be placed on all permits issued with ‘P’ and ‘S’ endorsements. i. A ‘X’ restriction code (no cargo in CMV tank vehicle) will be placed on all permits issued with a tank endorsement.