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§384.229. Skills test examiner auditing and monitoring.

49 C.F.R. § 384.229

To ensure the integrity of the CDL skills testing program, the State must:
(a)
At least once every 2 years, conduct unannounced, on-site inspections of third-party testers' and examiners' records, including comparison of the CDL skills test results of applicants who are issued CDLs with the CDL scoring sheets that are maintained in the third-party testers' files;
(b)
At least once every 2 years, conduct covert and overt monitoring of examinations performed by State and third-party CDL skills test examiners.
(c)
Establish and maintain a database to track pass/fail rates of applicants tested by each State and third-party CDL skills test examiner, in order to focus covert and overt monitoring on examiners who have unusually high pass or failure rates;
(d)
Establish and maintain a database of all third-party testers and examiners, which at a minimum tracks the dates and results of audits and monitoring actions by the State, the dates third-party testers were certified by the State, and name and identification number of each third-party CDL skills test examiner;
(e)
Establish and maintain a database of all State CDL skills examiners, which at a minimum tracks the dates and results of monitoring action by the State, and the name and identification number of each State CDL skills examiner; and
(f)
Establish and maintain a database that tracks skills tests administered by each State and third-party CDL skills test examiner's name and identification number.
Notes, amendments, and revision history

Amendments

[76 FR 26896, May 9, 2011, as amended at 78 FR 58481, Sept. 24, 2013; 79 FR 59456, Oct. 2, 2014; 88 FR 80182, Nov. 17, 2023]

Authority

Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.

Source

Source: 59 FR 26039, May 18, 1994, unless otherwise noted.

Amendments

[76 FR 26896, May 9, 2011, as amended at 78 FR 58481, Sept. 24, 2013; 79 FR 59456, Oct. 2, 2014; 88 FR 80182, Nov. 17, 2023]