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HF 1164

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 10:38am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to transportation; modifying requirements for commercial motor vehicle
road test for school bus endorsement; modifying provisions relating to third-party
testing for school bus companies; amending Minnesota Statutes 2014, section
171.01, by adding subdivisions; proposing coding for new law in Minnesota
Statutes, chapter 171.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 171.01, is amended by adding a
subdivision to read:


new text begin Subd. 21a. new text end

new text begin Commercial driver's license. new text end

new text begin "Commercial driver's license" has the
meaning given in Code of Federal Regulations, title 49, section 383.5.
new text end

Sec. 2.

Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision
to read:


new text begin Subd. 48b. new text end

new text begin Third-party tester. new text end

new text begin "Third-party tester" means an individual who is
an employee of a third-party testing program who has qualified for a third-party tester
certificate issued by the commissioner granting the individual authorization to conduct
road tests or skills tests.
new text end

Sec. 3.

Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision
to read:


new text begin Subd. 48c. new text end

new text begin Third-party testing program. new text end

new text begin "Third-party testing program" means a
program authorized by the commissioner to administer to an individual the road test or
skills test.
new text end

Sec. 4.

new text begin [171.1615] THIRD-PARTY TESTING PROGRAM ELIGIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin Only an entity described in subdivisions 2 to 7 may be
designated by the commissioner as a third-party testing program.
new text end

new text begin Subd. 2. new text end

new text begin Motor carrier. new text end

new text begin A motor carrier that is a third-party testing program must:
new text end

new text begin (1) be registered as a business with the secretary of state;
new text end

new text begin (2) own or lease, and operate, its own commercial motor vehicles;
new text end

new text begin (3) administer commercial driver's license road tests and any necessary endorsement
tests to operate the commercial motor vehicles; and
new text end

new text begin (4) administer tests only to employees of the business.
new text end

new text begin Subd. 3. new text end

new text begin School bus company. new text end

new text begin A school bus company that is a third-party testing
program must:
new text end

new text begin (1) be registered as a business with the secretary of state;
new text end

new text begin (2) own or lease, and operate, its own school buses;
new text end

new text begin (3) administer road tests and any necessary endorsement tests to operate the school
buses; and
new text end

new text begin (4) administer tests only to employees of the company, unless a bilateral agreement
has been approved by the commissioner under section 171.1617.
new text end

new text begin Subd. 4. new text end

new text begin Postsecondary school. new text end

new text begin A postsecondary school that is a third-party testing
program must:
new text end

new text begin (1) be a public institution regulated by the North Central Association of Colleges
and Schools under chapter 124D, or be a public institution regulated by the Board of
Trustees of the Minnesota State Colleges and Universities;
new text end

new text begin (2) own or lease its own vehicles used for testing, or contract to operate
government-owned vehicles;
new text end

new text begin (3) offer courses in operating commercial motor vehicles or motorcycles;
new text end

new text begin (4) administer commercial driver's license road and endorsement tests or motorcycle
endorsement skills tests; and
new text end

new text begin (5) administer tests only to students enrolled full time who complete courses offered
by the institution.
new text end

new text begin Subd. 5. new text end

new text begin School district. new text end

new text begin A school district that is a third-party testing program must:
new text end

new text begin (1) own or lease, and operate, its own school buses;
new text end

new text begin (2) administer road tests and any necessary endorsement tests to operate a school
bus; and
new text end

new text begin (3) administer tests only to employees of the district, unless a bilateral agreement
has been approved by the commissioner under section 171.1617.
new text end

new text begin Subd. 6. new text end

new text begin Motorcycle safety course. new text end

new text begin A motorcycle safety course that is a third-party
testing program must:
new text end

new text begin (1) be licensed as a commercial driver's education program under rules promulgated
by the commissioner;
new text end

new text begin (2) be registered as a business with the secretary of state or have a tax identification
number as a nonprofit organization;
new text end

new text begin (3) own or lease its own motorcycles used for testing, or contract to operate
government-owned motorcycles;
new text end

new text begin (4) administer skills tests and any necessary endorsement tests to operate a
motorcycle; and
new text end

new text begin (5) administer tests only to students 18 years of age and older who are enrolled full
time in the program's motorcycle course and who complete the course.
new text end

new text begin Subd. 7. new text end

new text begin Public transit authority. new text end

new text begin A public transit authority that is a third-party
testing program must:
new text end

new text begin (1) own and operate its own commercial passenger buses;
new text end

new text begin (2) administer road tests and any necessary endorsement tests to operate a bus; and
new text end

new text begin (3) administer tests only to employees of the authority.
new text end

Sec. 5.

new text begin [171.1616] THIRD-PARTY TESTER QUALIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin To be certified as a third-party tester, an individual must
apply to, and be approved by, the commissioner as specified in this section. The individual
must:
new text end

new text begin (1) possess a valid driver's license;
new text end

new text begin (2) be at least age 21;
new text end

new text begin (3) be a licensed driver in a United States state for the past three years;
new text end

new text begin (4) before the date of application, have maintained continuous valid driving
privileges for the past year;
new text end

new text begin (5) pass a prequalifying tester examination;
new text end

new text begin (6) be an employee of a third-party testing program;
new text end

new text begin (7) successfully complete the test administration training required of state-employed
examiners; and
new text end

new text begin (8) have the class of driver's license and endorsements to operate the type of vehicles
for which the road tests and skills tests are administered.
new text end

new text begin Subd. 2. new text end

new text begin State employee. new text end

new text begin A certified third-party tester may not be an employee of
the Minnesota Department of Public Safety.
new text end

new text begin Subd. 3. new text end

new text begin Driver education instructor. new text end

new text begin Except for an instructor in a licensed
or approved motorcycle driver education program, a third-party tester may not
simultaneously be an instructor in a licensed or approved driver education program.
new text end

new text begin Subd. 4. new text end

new text begin Motorcycle tester qualifications. new text end

new text begin All third-party testers employed by a
third-party testing program for a motorcycle endorsement must be currently certified
as Motorcycle Safety Foundation instructors. An instructor must meet the certification
standards specified for a rider coach in the 2001 Motorcycle Safety Foundation Basic
Rider Course Curriculum Manual.
new text end

new text begin Subd. 5. new text end

new text begin Employment. new text end

new text begin A certified third-party tester must have a certificate for
each third-party testing program that employs the tester. The tester must reapply and be
approved for a new certificate to conduct tests on behalf of a new third-party testing
program. The tester may be simultaneously employed by more than one program.
new text end

new text begin Subd. 6. new text end

new text begin Maintaining certification. new text end

new text begin To maintain certification as a third-party tester,
an individual must:
new text end

new text begin (1) be evaluated at least annually on the administration of tests and record keeping;
new text end

new text begin (2) attend annual in-service training, workshops, or seminars provided at a minimum
of once each year by the commissioner;
new text end

new text begin (3) submit monthly testing reports in a format specified by the commissioner;
new text end

new text begin (4) account for all record of examinations issued by the commissioner to a
third-party tester and submit the record of examination immediately to the commissioner
after completing a road test or skills test; and
new text end

new text begin (5) provide proof that all tests administered were to employees of the third-party
testing program or to students enrolled full time in a commercial truck driver training
course or motorcycle training course, unless a bilateral agreement under section 171.1617,
subdivision 4, is approved by the commissioner.
new text end

Sec. 6.

new text begin [171.1617] TEST ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin Road tests and skills tests conducted by a third-party
tester must meet the requirements established by the commissioner in Minnesota Rules.
new text end

new text begin Subd. 2. new text end

new text begin Third-party tester restrictions. new text end

new text begin A third-party tester shall not:
new text end

new text begin (1) test a driver who does not possess a valid Minnesota driver's license;
new text end

new text begin (2) delegate any portion of testing to another individual;
new text end

new text begin (3) test an individual who is not a bona fide employee of a third-party testing
program, or test an individual who is not enrolled as a full-time student of the third-party
testing program, unless a bilateral agreement under subdivision 4 is approved by the
commissioner;
new text end

new text begin (4) test a person related to the tester by blood, marriage, or adoption;
new text end

new text begin (5) impose a fee in excess of $100 to test any person;
new text end

new text begin (6) test anyone with a physical disability who may need an individualized restriction
added to the person's driver's license; or
new text end

new text begin (7) test anyone who has not completed all coursework and exercises before
administering a road test or skills test.
new text end

new text begin Subd. 3. new text end

new text begin Repeat test limit. new text end

new text begin (a) A third-party testing program may administer a
second skills or road test to a student who has failed the initial skills or road test only
if the student:
new text end

new text begin (1) completes four more hours of training, including a skills test, beyond that
normally provided by the licensed driver education program; and
new text end

new text begin (2) for motorcycle course students, completes a practice period of no less than one
week after the failed test.
new text end

new text begin (b) A student who completes a third-party testing program's driver education
course and twice fails the skills or road test administered by the program may only take
subsequent skills or road tests administered by state examiners.
new text end

new text begin Subd. 4. new text end

new text begin Bilateral agreements. new text end

new text begin Notwithstanding subdivision 2, clause (3), a school
district that is a third-party testing program and owns or operates school buses may enter
into an agreement with other school districts to test the other districts' school bus driver
employees, and a school bus company that is a third-party testing program and owns or
operates school buses may enter into an agreement with other school bus companies to
test the other companies' school bus driver employees. The agreement must be submitted
to the commissioner for approval. A certified third-party tester must be employed by a
school district or a school bus company providing the testing services.
new text end

new text begin Subd. 5. new text end

new text begin Testing contingencies. new text end

new text begin (a) A third-party testing program must inform each
test applicant that test results and test passage are contingent upon:
new text end

new text begin (1) remaining employed with the third-party testing program or, in the case of a
bilateral agreement under subdivision 4, with the contracting entity, for three months
following the test administration date; and
new text end

new text begin (2) completing the approved or licensed truck driver training or motorcycle driver
education program.
new text end

new text begin (b) State examiners may retest a student or employee if:
new text end

new text begin (1) required by a state or federal audit; or
new text end

new text begin (2) there is reason to believe the test was not appropriately administered.
new text end