Rule2022-02165
Commercial Driver's License Standards: Regulatory Guidance Concerning Third Party Testers Conducting the Knowledge Test
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 3, 2022
Effective
February 3, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA amends its regulatory guidance to explain that FMCSA's current statutory authorities and regulations do not prohibit third party testers from administering the commercial driver's license knowledge tests for all classes and endorsements. SDLAs may accept the results of knowledge tests administered by third party testers in accordance with existing knowledge test standards and requirements set forth in 49 CFR part 383, subparts G and H.
Full Text
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<title>Federal Register, Volume 87 Issue 23 (Thursday, February 3, 2022)</title>
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[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Rules and Regulations]
[Pages 6045-6046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02165]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 383
[Docket No. FMCSA-2020-0197]
Commercial Driver's License Standards: Regulatory Guidance
Concerning Third Party Testers Conducting the Knowledge Test
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Regulatory guidance.
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SUMMARY: FMCSA amends its regulatory guidance to explain that FMCSA's
current statutory authorities and regulations do not prohibit third
party testers from administering the commercial driver's license
knowledge tests for all classes and endorsements. SDLAs may accept the
results of knowledge tests administered by third party testers in
accordance with existing knowledge test standards and requirements set
forth in 49 CFR part 383, subparts G and H.
DATES: This guidance is effective February 3, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief of the CDL
Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
<a href="/cdn-cgi/l/email-protection#ee8087858587c0838d8a8f98878aae8a819ac0898198"><span class="__cf_email__" data-cfemail="6c020507070542010f080d1a05082c080318420b031a">[email protected]</span></a>, 202-366-0831.
SUPPLEMENTARY INFORMATION:
I. Background
On May 9, 2011, FMCSA published the 49 CFR parts 383, 384 and 385,
Commercial Driver's License Testing and Commercial Learner's Permit
Standards final rule (76 FR 26854) that amended the commercial driver's
license (CDL) knowledge and skills testing standards and established
new minimum Federal standards for States to issue the commercial
learner's permit. The final rule also set forth the Federal standards
for States to allow
[[Page 6046]]
third party testers to administer the CDL skills test.
On April 3, 2020, the Virginia Department of Motor Vehicles (VA
DMV) requested an exemption from 49 CFR 383.75 to allow non-government
third party testers to administer knowledge tests for CDL and CLP
applicants without a State examiner being present. The VA DMV's request
was prompted by the closure of VA DMV service centers resulting from
the COVID-19 public health emergency. In response to the VA DMV's
request, FMCSA indicated that applicable statutes and regulations do
not currently prohibit States from allowing a third party to administer
CDL and CLP knowledge tests. The Agency also noted its intention to
revise the existing guidance, set forth below, to clarify this point.
Regulatory guidance question 1 for 49 CFR 383.75, ``Third Party
Testing,'' first issued in 1993 (58 FR 60734, 60739 (Nov. 17, 1993))
and most recently reissued in 2019, states:
Question 1: May the CDL knowledge test be administered by a
third party?
Guidance: No. The third party testing provision found in Sec.
383.75 applies only to the skills portion of the testing procedure.
However, if an employee of the State who is authorized to supervise
knowledge testing is present during the testing, then FMCSA regards
it as being administered by the State and not by a third party. (84
FR 8464, 8472 (Mar. 8, 2019); 62 FR 16370, 16399 (Apr. 4, 1997)).
FMCSA has reconsidered this guidance and concludes that nothing in
the Agency's current authorities in 49 U.S.C. chapters 311 or 313, or
in 49 CFR parts 383 and 384, prohibits States from permitting third
party testers to administer CDL knowledge tests. Accordingly, the
Agency amends regulatory guidance question 1 for 49 CFR 383.75 to
explain that a State may permit third parties to administer CDL
knowledge tests. Pursuant to 49 CFR 384.202, States opting to permit
this practice must adhere to current CDL knowledge test standards and
requirements set forth in 49 CFR part 383, subparts G and H. FMCSA is
currently working on a Notice of Proposed Rulemaking to more fully
address the States' use of third party knowledge testers.
II. Regulatory Guidance
FMCSA issues the following guidance:
Regulatory Guidance to 49 CFR part 383--Commercial Driver's
License Standards Section 383.75 Third Party Testing, Guidance ID
No. FMCSA-CDL-383.75-Q1-M
Question 1: May States allow third party testers to administer
CDL knowledge tests for all classes and endorsements, without any
State examiner being present?
Guidance: Yes. FMCSA's current statutory authorities and
regulations do not prohibit States from permitting third party
testers to administer CDL knowledge tests. While FMCSA encourages
States relying on third party knowledge testers to follow the
training and record check standards currently applicable to State
CDL knowledge examiners, as set forth in 49 CFR 384.228, this is not
a regulatory requirement. If an employee of the State who is
authorized to supervise knowledge testing is present during the
testing, then FMCSA regards it as being administered by the State
and not by a third party.
FMCSA notes that this guidance is intended only to provide clarity
to the public regarding existing requirements under the law. The
guidance does not have the force and effect of law and is not meant to
bind the public in any way.
Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-02165 Filed 2-2-22; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.