La. Admin. Code tit. 55 § III-157

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-157 - General Regulations for Third-Party Testers

A. General Regulations

1. All personnel shall conduct themselves in a professional manner at all times.

2. All third-party examiners shall comply with and abide by all applicable statutes and regulations as well as all terms of the contract executed by the third-party tester or third-party examiner and DPS.

3. The school shall agree to permit DPS representatives to inspect the school and shall make available to DPS, when requested to do so, full information pertaining to the testing operation. Upon request, the school shall provide photo copies of the schools records required by DPS.

4. A representative of the Federal Highway Administration and/or a DPS representative may conduct random examinations, inspections, and audits without prior notice.

5. The facility shall conspicuously display the Third Party Tester certificate in the business during operational hours.

6. The tester and/or examiner shall not assist a person in obtaining a drivers license by deceptive practices.

7. The tester and/or examiner shall not state or imply that upon completion of the road skills test, the securing of a drivers license is guaranteed or assured.

8. A DPS representative shall biennially take a road skills test administered by the licensed third-party examiner or test a sample of drivers who were examined by the third-party to compare pass/fail results.

9. A third-party tester/examiner shall not administer any road skills tests until authorized to do so by DPS.

10. If at any time, a third-party tester/examiner ceases to meet any requirement imposed by statute, the regulations, or the contract, the third-party tester or third-party examiner shall immediately cease all testing.

11. Each student administered the road skills tests shall be notified, prior to testing, that he is subject to being retested by OMV at any time.

12. Private driving schools shall administer road skills tests to all of the general public. Authorized secondary school driver education program providers shall administer road skills tests only to students enrolled in its school or its driver education program.

13. Each third-party tester shall retain at least one certified third-party examiner in their employ at all times.

B. Safety and Insurance

1. Testers shall furnish DPS satisfactory proof of certificates of liability insurance in the schools name with the schools address. Policy dates on all certificates forwarded to DPS shall be current. Insurance shall be issued from an insurance carrier authorized to do business in Louisiana. For any renewals, changes, cancellations or expirations of the insurance policy, the insurance carrier shall notify OMV. Testers shall maintain the following:

a. general liability insurance policy with minimum liability limits of $1,000,000 per occurrence. All tester addresses shall be listed on the policy;

b. the limits shall be $500,000 in auto liability and identify (by description and vehicle identification number) the vehicle(s) covered. For vehicle qualifications, see §151 F:

i. testers may, at their discretion, use the applicants vehicle for the road skills test. The vehicle must be covered with liability insurance. Proof of insurance coverage must be presented to the examiner prior to administering the road skills test. Proof of insurance must contain the insurance companys name, policy number, current policy period, description of the vehicle (year, make and VIN) and the applicant may not be an excluded driver.

2. The certificates of liability insurance must list OMV as a certificate holder or additional insured with the following address:

Office of Motor Vehicles

Attn: Training and Certification Unit

P. O. Box 64886

Baton Rouge, LA 70896-4886

3. In the event a driving school is covered under a fleet policy and desires to add another vehicle to its fleet, the driving school shall advise the insurance company to notify DPS.

C. Knowledge Test

1. Passing the final examination in the driver education course shall qualify the student for license/permit issuance. The student must pass the knowledge test with a minimum score of 80 percent.

2. The same knowledge test shall be utilized for those taking the 6-hour pre-licensing course or the 30-hour classroom course.

3. All copies of the test shall be kept under lock and key or password protected at all times. Photocopies of the test should be produced at the completion of the course as needed.

4. The classroom instructor shall ensure that students seated next to each other have different versions of the test to complete.

5. If a paper knowledge test that was provided by DPS was used, completed test shall be attached to the certificate of completion for surrender to DPS at the time of license application. The Certificate of Completion and the paper knowledge test if used, shall be placed in a sealed envelope for surrender to OMV at the time of license application.

6. Schools and/or instructors that provide students with the answers to the knowledge test, teach only the information contained on the test, do not properly secure the test, and assist a student to pass the final exam by deceptive practices or accept bribes to give a student a passing score shall be subject to having their license/certification revoked.

7. Any student who fails the final exam shall be allowed to re-test once the same day. If the student does not pass the test on the second attempt, the student may return any day thereafter (depending on instructor availability) and re-test twice each day until the test is passed.

8. The tester and/or examiner shall not assist a student pass the final examination by any deceptive practices. Any school or instructor who assists a student shall be subject to having their license/certification revoked.

9. Each student who is administered the final knowledge test shall be notified prior to testing that he is subject to being re-tested by OMV at any time.

10. Lost or stolen knowledge tests shall be reported to OMV immediately. If a theft or suspected theft has occurred, the local law enforcement agency shall also be notified and a police report sent to OMV.

11. All uses of current paper knowledge tests issued by OMV shall cease on March 31, 2024, and schools shall only use the electronic testing system on and after April 1, 2024. Any use of a paper knowledge test provided by OMV on or after April 1, 2024 shall only be allowed in accordance with a temporary exemption granted by OMV as provided in this section.

12. The transition period for all schools to stop administering the knowledge test using the paper knowledge test that were provided to the school by OMV and transition to the electronic testing software provide to the schools by OMV is November 20, 2023 through March 31, 2024. As of April 1, 2024, all schools shall be required to administer the knowledge test utilizing the electronic testing software provided to the school by OMV. Any request for a temporary exemption to this requirement shall be in writing and shall state in detail the reasons for requesting the exemption. No temporary exemption granted by OMV shall be effective unless it is in writing and signed by the commissioner, deputy commissioner, or the administrator over the driving school program. The temporary exemption shall state an effective date and ending date, and shall be subject to any conditions, restrictions, or other requirements contained in the approved temporary exemption.

13. Any school which had transitioned to the electronic testing software prior to November 20, 2023 shall continue to use the electronic software as previously approved by OMV.

D. Road Skills Testing Preparation Policies

1. Each applicant shall be required to present proof of identity as outlined in OMVs policy along with the completed Test History Form provided by OMV.

2. The legal custodial/domiciliary parent/guardian of an applicant under the age of 18 shall sign a consent statement, provide proper identification and provide proof that he or she is the legal custodial/domiciliary parent/guardian.

3. All applicants shall sign the Disclosure of Terms Form supplied by OMV. If the applicant is under the age of 18, the legal custodial/domiciliary parent/guardian shall also sign. This form shall be kept in the files.

4. The fee for a road skills test shall not exceed $40. This fee shall cover all expenses including the costs of the original and a copy of the road skills test certificate provided to each applicant.

5. A copy of the certificate shall be placed in the applicants file and maintained by the tester for a minimum of five years.

6. The examiner may refuse to administer the road skills test at any time he determines the condition of the applicant, roads or weather to be unsafe.

E. Road Skills Testing Administration Policies

1. Only examiners who have been approved and certified by DPS shall administer road skills tests. Only examiners who are certified adaptive driver trainers shall administer road skills tests to applicants who require adaptive equipment, including bioptic telescopic lenses.

2. Only the applicant, examiner, examiners supervisor, DPS representative, or interpreter, if necessary, are allowed in the vehicle when a road skills test is being administered.

3. Each driving course layout shall include (as a minimum) the following for scoring purposes:

a. two stop signs (one with an obstructed view, if possible);

b. two traffic lights;

c. two lane changes;

d. two intersections, without a turn;

e. two reversal procedures:

i. into and out of a parking space;

ii. three point turn;

f. three left turns, one of which includes a left turn onto a multiple-lane roadway;

g. three right turns, one of which includes a right turn onto a multiple-lane roadway; and

h. one parking maneuver.

4. If a maneuver is not able to be performed within a reasonable driving distance from the testing facility due to roadway conditions, the maneuver may be omitted from the test route with prior written approval from OMV.

5. During the road skills test, each third-party examiner shall measure the applicants performance in each of the following operational skills:

a. observing;

b. communicating;

c. speed adjustment;

d. vehicle positioning;

e. time and space judgment; and

f. hazard perception.

6. Standardized instructions shall be utilized when conducting a road skills test.

7. Approved scoring criteria shall be standardized, as determined and approved by DPS. Each applicant starts with 100 points. The applicant shall receive 80 points or better to pass. If the applicant fails due to inexperience, the examiner may recommend a learners permit.

8. If using a vehicle with a dual brake, it shall be an automatic failure of the test if the examiner has to use the brake for any reason.

9. The driving school shall be required to administer road skills tests to the general public.

10. Third-party testers will set the hours and conditions under which the facility will provide the road skills test.

11. A road skills test shall not be administered to an individual unless the individual is at least of the age of 16 but less than 17 and has held a learners permit for at least 180 days.

12. If the third party examiner suspects that the person is impaired at the time he presents himself for the administration of a road skills test, the examiner shall not administer the road skills test and the examiner shall promptly report the incident to the OMV.

13. Neither the examiner nor the Third Party Tester employing the examiner shall be liable in any manner to any person who is denied the road skills test except for the refund attributable to the fees charged for a road skills test.

F. Record Keeping

1. The following information shall be maintained in the records, in date order, by month, and shall be maintained for five years from the date of the road skills test:

a. completed application for road skills test (DPSMV2271);

b. completed discourse of terms for applicants (DPSMV2273);

c. completed road skills driving test (DPSMV2005A);

d. completed test history form (DPSMV30059) furnished by DPS, if applicable; and

e. completed road skills test certificate (DPSMV2272), if applicable.

2. Every third-party tester shall maintain an ascending numerical accounting record of all certificates issued. Every tester will self-issue certificate numbers for each road skills test in the manner prescribed by DPS.

3. A road skills test log shall be maintained with the tester files. The examiner will record each road skills test including the applicants name, the examiners name, the time in/out for the test and indicating whether the test was passed or failed.

4. Every third-party tester shall maintain a monthly report of skills tests performed which shall include:

a. the number of road skills tests;

b. the monthly log;

c. the vehicle inspection form; and

d. applications for road skills tests.

5. The six month reports shall be submitted to OMV biennially by the 10th of January and the 10th of July.

6. In secondary school programs, if oversight for the driver education program is provided at the system level, the system shall determine the location where the records shall be kept. All records shall be maintained at a central location which provides DPS access during daytime hours.

7. All records and necessary data pertaining to the operation of the tester shall be maintained in the office in chronological month order and shall be available for inspection upon request by any law enforcement officer or DPS representative. All records shall be maintained in hard copy (original) for one year and may be transferred to an electronic after the one-year period.

G. Road Skills Test Certificate (DPSMV2272) Requirements

1. Road skills test certificates shall be issued only to applicants who complete a road skills test with an approved third-party tester.

2. If an applicant does not pass the road skills test, a certificate may be issued with comments to add an "02" restriction for issuance of a learners permit only.

3. Lost or stolen road skills test certificate forms shall be reported to OMV immediately. The local law enforcement agency shall also be notified and a police report submitted to OMV.

La. Admin. Code tit. 55, § III-157

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 38:1990 (August 2012), amended LR 38:3235 (December 2012), LR 40:2603 (December 2014), Amended LR 431778 (9/1/2017), Amended LR 451603 (11/1/2019), Amended LR 501010 (7/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:402.1(A)(1) and R.S. 40:1461.