1-1-.13 Third Party Tester Program
(1) Minimum Requirements for Examiners
(a) Must be trained and certified to conduct skills testing for
CDLs by the Department
(b) Must comply with the following:
1. Must have a high school diploma or its equivalent
2. Must be a regular employee of the employer and
recommended by the employer or must be a
contracting Trainer/Examiner
3. Based on the results of a national criminal history
background check, shall not be convicted of a felony
or any other crime involving violence or a crime of
moral turpitude, or a pattern of misdemeanors that
evidences a disregard for the law unless they have
received a pardon and can produce evidence of the
same. For the purpose of this subsection, a plea of
nolo contendere shall be considered a conviction.
4. Shall not have any suspension or disqualification
within two years prior to application
5. Shall not have been enrolled or participated in a state
approved Risk Reduction Program within the past
10 years
6. Must possess a CDL or be certified to administer CDL
skills tests by the Department
7. Must successfully complete the Department's
prescribed course in CDL classroom instruction and
behind the wheel examination
(i) Must pass all relevant CDL knowledge and
endorsement exams prior to attending the CDL
Certification training class, depending on the class
of vehicle they will be instructing
(ii) Upon completion of specialized training in classes A,
B, and C, the Examiner will be issued a certification
card qualifying them to examine applicants for skills
in license classes equal to their training certification.
Examiner certification will be valid for four years unless
suspended, revoked or cancelled.
8. Must possess a valid certification card which shall be evidence
of the Examiner's certification status
9. An Examiner whose certification has expired, cancelled,
revoked or has been surrendered shall not administer any part
of the CDL examination until completion of one of the following:
(i) An Examiner with expired certification or who has
surrendered their certification may apply for recertification
within one year of expiration or surrender date of the
previously issued certification by performing a CDL
examination to the satisfaction of the Department.
(ii) If more than one year has lapsed since expiration or
surrender, the Examiner must successfully complete
the Department's prescribed course in CDL classroom
instruction and behind the wheel examination to
become recertified.
10. Must conduct skills tests examinations of at least 10
different CDL applicants per calendar year, and the first
must be administered within the first six months of
becoming certified. Failure to do so will result in suspension
from conducting further CDL tests.
11. Must successfully complete a refresher training course and
examination every four years to maintain CDL certification
(2) Minimum Requirements for Testers
(a) Must be a Technical/Vocational School or Public School System,
or an established business entity or organization that is licensed
to do business in the State of Georgia and has been established
to conduct business related to the commercial driver industry.
(b) Must have a fleet of at least two CMV s registered to the Tester
(c) Must annually review and maintain the MVR of each Examiner
to determine if the Examiner meets the minimum requirements
of this rule.
(d) Must enter into a CDL Third Party Tester Agreement with the
Department
(e) Must agree to have the Third Party Tester Program monitored
by the Department and the FMCSA
1. The skills test range/carousel and route used must
pre-approved by the Department.
2. All Examiners must submit a testing schedule electronically
to the Department using the method prescribed by the
Department.
3. This schedule must be submitted at least five days in
advance of the scheduled test.
4. A 24-hour notice must be given for cancellations or any
changes to the schedule.
5. Upon notification from the student of a test cancellation
the Third-Party Examiner must immediately contact their
assigned Department CDL Compliance Analyst by e-mail
and update their schedule electronically with the
Department.
6. The Compliance Analyst may approve changes in
schedules as necessary.
7. Testing must be conducted according to the schedule
approved by the Department.
8. Unapproved testing violates the agreement between
the Tester and the Department.
9. The Third-Party Tester agrees to notify the Department
30 days prior to any modifications to the skills
course/carousel.
10. The Department shall review and approve any
modifications to the course/carousel.
(f) Must ensure that all Examiners employed by the Tester
are certified by the Department and that the Examiners
comply with the Department rules and regulations, all
applicable state and federal laws and have passed a
nationwide criminal background check
(g) Must provide a surety bond in the amount of $10,000.00
(not applicable to state or governmental entities) per location
(h) Shall maintain records, which shall be available for inspection
by the Department during normal business hours. Normal
business hours shall be between 8:30 a.m. and 4:30 p.m. daily.
One hour of flexibility in the time may be observed as long as the
school is open eight hours per day.
(3) Test Administration
(a) Skills tests will be conducted strictly in accordance with
procedures and guidelines utilized by the Department CDL
Examiners. Such instruction may include information on skills
test content, route selection/revision, test forms, Examiner
procedures, and administration procedures and/or changes.
(b) Skills tests shall be conducted:
1. Only on test routes approved by the Department
2. In a vehicle representative of the class and type of
vehicle for which the CDL applicant seeks to be certified and
for which the Examiner is qualified to test
3. Using the Department approved content, forms, and scoring
procedures
4. Only on approved days of the week during daylight hours
(c) Only licensed drivers with approval from the Department may
be tested.
(d) Examiners shall not administer any part of a CDL test unless
they can provide proof of certification by the Department.
(e) Must not test relatives (by blood or marriage) or friends.
Co-workers may be tested with prior approval of the immediate
supervisor.
(f) Examiners are prohibited from administering a skills test to an
applicant who was trained by that Examiner
(4) Records to be maintained by Tester:
(a) Third Party Tester Record:
1. A copy of the Tester s certification with the Department and
the signed, current Third Party Agreement
2. A copy of each Examiner's current DDS certification card along
with a copy of their driver s license and the Third Party
Agreement
3. A copy of Examiner's MVR (by the anniversary of certification)
4. Tester Certifications must be displayed on a wall within the
school.
5. Tester must maintain these records on an Examiner for at least
two years after that Examiner is no longer employed by that
Tester.
(b) Third Party Examiner Record:
1. A copy of DS 1235 or DS 1235C (score sheet) on each
applicant tested (passing or failing copies)
2. A copy of CLP and underlying driver's license
3. A signed copy of the CDL Skills Testing Information
Agreement Form
4. Documentation that the applicant has completed
Human Trafficking Awareness training
5. Verification that the applicant has successfully
completed ELDT
6. Must maintain these records for the previous two
years and for the current year
(5) Notification Requirements
(a) Testers must:
1. Notify the Department in writing 30 days prior
to any change in the Tester s or Tester
Representative s name, address, and
contact information.
2. Notify the Department in writing within 10
days of any change in:
(i) The Examiners who are employed by
the Tester; and
(ii) Any Examiner's driving status.
3. Notify the Department in writing within 10
days of any of the following occurrences:
(i) The Tester ceases to do business in
Georgia.
(ii) The Tester fails to comply with any
of the Department's requirements.
(iii) Examiner receives notice from the
Department of any driver's license
suspension, revocation, disqualification,
cancellation, or DUI conviction.
(iv) Any Examiner fails to comply with any of the
Department's requirements.
4. Request and obtain approval from the
Department of any proposed changes in
the skills test route(s).
(b) The Examiner shall notify the Department within
10 days of leaving the employ of a Tester and
return the DDS Examiner Certification Card.
(c) Testers must Report to the Department:
1. A copy of skills test roster of applicants
2. A copy of test schedules
(6) Denial/Suspension/Revocation/Cancellation of
Third Party Testing Program Certification
(a) The Department may deny or cancel any
application for a Tester's or Examiner's
certification or cancel certification if the
applicant does not qualify for certification
under these rules. Misstatements or
misrepresentations in the application
may be grounds for cancellation.
(b) Any Tester or Examiner must immediately
surrender their certification upon separation
from the Tester. All forms, manuals, or supplies
that the Department has furnished must also be
surrendered immediately.
(c) The Department may cancel the Third Party
Testing Program provided for in these
requirements in its entirety or may cancel
it in part.
(d) The Department may suspend or revoke a
Tester's or Examiner's certification upon
any of the following grounds:
1. Failure to comply with or satisfy any of
the provisions of these requirements,
or the Third Party Tester agreement
2. Falsifying, altering, or misrepresenting any
records or information relating to the Third
Party Testing Program
3. Commission of any act which compromises
the integrity of the Third Party Program
4. Failure to comply with FMCSA standards
allows a five-point maximum difference
between Examiner scoring and Compliance
Analyst scoring during monitoring event
5. Failure to fully cooperate with the Compliance
Analyst, including failure to provide the
Compliance Analyst access to:
(i) All Third Party Tester Program and
Examiner documents and records; and
(ii) Any facility where testing is performed.
(e) Suspension/Revocation and Appeal Procedures
1. Upon determining that a Tester's or
Examiner's certification should be suspended,
revoked, or cancelled the Department shall
notify the Tester or Examiner by in writing.
If mailed, such notice shall be deemed received
three business days after mailing.
2. The notification shall notify the Tester or
Examiner of the following:
(i) That the Tester or Examiner may,
within 10 days of receipt of the notice,
request a hearing. The request must be
in writing and received by the Department
within the period specified.
(ii) That if the Department does not receive
a written hearing request within the
10-day period:
(I) The suspension, revocation, or
cancellation will be effective upon
the expiration of the 10-day period.
(II) Any rights to an appeal and hearing
shall be considered to have been
waived; and
3. Upon receipt of a timely, written hearing
request, the Department shall forward the
request to the Office of State Administrative
Hearings (OSAH).
4. The hearing and appeal procedures shall be
as specified in Ga. Comp. R. &
Regs. R. 375-1-1-.06.
5. A Tester or Examiner who timely requests
a hearing may continue to administer CDL
testing pending issuance of a final decision
by the Administrative Law Judge.
(f) Reinstatement: A Tester or Examiner may
apply for certification reinstatement at the
end of a suspension period.
(g) No current employee of the Department, or
any spouse, dependent child, dependent
stepchild, or dependent adopted child of such
employee, shall be certified by the Department
as a Third Party Tester or Examiner.
Authority: O.C.G.A. §§ 40-5-156, 40-16-5, 49 C.F.R. § 384.201, 49 C.F.R. § 390.9.
History: Original Rule entitled "1-1-.12 Third Party Tester Program. Amended" adopted. Effective Feb. 8, 2017.
Amended: New title "1-1-.13 Third Party Tester Program"; Effective Nov. 9, 2022.
Amended: Effective Jan. 10, 2024.