N.J. Admin. Code § 13:21-23.17

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:21-23.17 - Third-party testing; proof of testing

(a) The Chief Administrator may authorize a person (including an employer, or a department, agency, or instrumentality of a local government) to administer the skills test as specified in 13:21-23.10 if the following conditions are met:

1. The tests given by the third-party are the same as those that would otherwise be given by the Commission; and

2. The third-party has an agreement with the Commission containing, at a minimum, provisions that:

i. Allow the Federal Highway Administration, or its representative, and the Commission to conduct random examinations, inspections and audits without prior notice;

ii. Require the Commission to conduct on-site inspections at least annually;

iii. Require that all third-party examiners meet the same qualification and training standards as Commission examiners, to the extent necessary to conduct skills test in compliance with 13:21-23.10;

iv. Require that, at least on an annual basis, Commission employees take the tests actually administered by the third-party as if the Commission employees were test applicants, or that the Commission test a sample of drivers who were examined by the third-party to compare pass/fail results; and

v. Reserve unto the Commission the right to take prompt and appropriate remedial action against the third-party testers in the event that the third-party fails to comply with the Commission or Federal standards for the CDL testing program, or with any other terms of the third-party contract.

vi. The third-party testers shall maintain a bond in an amount, as determined by the Chief Administrator to be sufficient to retest drivers in the event that the third-party or one or more of its examiners is involved in fraudulent activities related to conducting skills tests for CDL applicants.

(b) A driver applicant who takes and passes driving tests administered by an authorized third party shall provide evidence to the Commission that he or she has successfully passed the driving tests administered by the third party.

(c) An authorized third party may charge a driver applicant a fee for the administration of the skills test, except that said fee shall not exceed an amount equal to the cost to the State for administering such testing.

N.J. Admin. Code § 13:21-23.17

Recodified from N.J.A.C. 13:21-23.16 and amended by R.2005 d.48, effective 2/7/2005.
See: 36 N.J.R. 4015(a), 37 N.J.R. 511(a).
In (a), substituted "Chief Administrator" for "Director" following "The" in the introductory paragraph, substituted "Commission" for "Division throughout. Former N.J.A.C. 13:21-23.17, Commercial driver's license document; general, recodified to N.J.A.C. 13:21-23.18.
Amended by R.2014 d.007, effective 1/6/2014.
See: 45 N.J.R. 870(a), 46 N.J.R. 122(a).
Section was "Third party testing; proof of testing". In (a), substituted "third-party" for "third party" throughout; in the introductory paragraph of (a), inserted a comma following "agency"; in (a)1, substituted "that" for "which"; and added (a)2vi.