(a)  To be certified as a Third Party Tester a person must:

(1)           Make application to and enter into an agreement with the Division as provided in Rule .0706 of this Section.

(2)           Maintain a place of business with at least one permanent regularly occupied structure within the state of North Carolina.

(3)           Ensure its place of business meets all requirements of state law and local ordinances.

(4)           Have at least one qualified and approved Third Party Examiner in its employ.

(5)           Allow FHWA, its representative(s), and the Division to conduct random examinations, inspections and audits without prior notice.

(6)           Allow the Division to conduct periodic, but at least annual on‑site inspections.

(7)           Maintain at each third party testing location, for a minimum of two years, a record of each driver for whom the Third Party Tester conducts a skills test, whether or not the driver passes or fails the test.  Each such record shall include:

(A)          The complete name and address of the driver;

(B)          The driver's social security number, driver's license number and the name of the state or jurisdiction that issued the license held by the driver at the time of the test;

(C)          The date the driver took the skills test;

(D)          The test score sheet(s) showing the results of the test;

(E)           The name and identification number of the Third Party Examiner conducting the skills test;

(F)           The record of all receipts and disbursements;

(G)          The make, model and registration number of the commercial motor vehicle(s) used to conduct the testing; and

(H)          The written contract (copy), if applicable, with any person or group of persons being tested.

(8)           Maintain at each approved testing location, a record of each Third Party Examiner in the employ of the Third Party Tester at that location.  Each record shall include:

(A)          A valid Examiner Certificate indicating the Examiner at that location;

(B)          A copy of the Third Party Examiner's current driving record, which must be updated annually; and

(C)          Evidence that the Third Party Examiner is a payroll employee of the Third Party Tester.

(9)           Retain all Third Party Examiner records for at least two years after the Third Party Examiner leaves the employ of the Third Party Tester.

(10)         Ensure that the skills tests are conducted in accordance with the requirements of this Section.

(11)         Provide documented proof (using a form provided by the Division) to each driver applicant who takes and passes the required skills tests.  The driver applicant in turn will present the form to the Division as evidence that they successfully passed the driving tests administered by the Third Party.

(12)         To maintain certification the Third Party Tester must administer skills tests to a minimum of five different driver applicants annually in accordance with the requirements of this Section.

(b)  In addition to the requirements listed in Paragraph (a) of this Rule, all Third Party Testers who are not governmental entities or associations must:

(1)           Truck and Bus Companies:

(A)          Employ at least 25 North Carolina licensed drivers (full‑time, part‑time, or seasonal) of commercial motor vehicles.

(B)          Employ an individual who would be responsible for the organization's third party testing operation.

(C)          Have been in operation in North Carolina a minimum of six months.  (If in operation less than six months under current company name, identify previous company name(s) to cover the six month period.)

(2)           Educational Institutions:

(A)          Have an established commercial motor vehicle training program.

(B)          Have been in operation in North Carolina a minimum of six months.


History Note:        Authority G.S. 20-37.13; 20‑37.22;

Eff. September 1, 1990;

Amended Eff. August 1, 1994; December 1, 1993.