Commercial Drivers Licensing Third Party Examination Audit Retest Process

PURPOSE: This rule establishes the requirements for the Missouri State Highway Patrol and the Missouri Department of Revenue to conduct retesting of commercial drivers license applicants in order to determine compliance with the Third Party Commercial Drivers License Examination Program. (1) Third-party testers certified by the director of revenue to conduct commercial drivers license skill examinations shall notify the Missouri State Highway Patrol no later than two (2) business days prior to conducting a commercial drivers license skills examination. (A) Such notification shall be sent to the third-party tester’s designated Missouri State Highway Patrol auditor in a manner determined by the Missouri State Highway Patrol. (B) The notification shall state the test applicant’s name, address, phone number, drivers license number/permit number, date and time of scheduled test, class and type of test, location of the examination(s), and the examiner scheduled to give the test. (C) All third-party tests must be administered during normal business hours approved by the Department of Revenue. (2) The Missouri State Highway Patrol auditor may agree to shorten the two- (2-) day notice for a third-party tester for emergency or urgent situations. If it is determined by the Missouri State Highway Patrol or the Missouri Department of Revenue that the scheduling or emergency scheduling process is not being adhered to, the third-party tester and/or the examiner in question may be sanctioned as outlined in 12 CSR 10-24.326. (3) Prior to conducting commercial drivers license skills examinations, a third-party tester is required to provide a notice to every individual examined that he or she may be subject to a retest by the Missouri State Highway Patrol. The applicant must acknowledge such notice by providing their signature on the notice. (4) The Missouri State Highway Patrol shall retest a minimum of ten percent (10%) of drivers who have taken a commercial drivers license skills examination administered by a certified third-party tester. Such retests may be unannounced and may be conducted the same day and same time as the test administered by the third-party tester or at a later date as determined by the Missouri State Highway Patrol. (5) The Missouri State Highway Patrol auditor shall notify the director of revenue of any individual who fails to pass a retest. (6) The Missouri State Highway Patrol, on behalf of the Missouri Department of Revenue shall notify an individual who failed to pass the retest that they must complete a commercial drivers license examination with the Highway Patrol or a pre-approved third-party examiner prior to issuance of a commercial drivers license. (7) The third-party tester and third-party examiner shall be subject to sanctions from the director of revenue as outlined in AUTHORITY: section 302.721, RSMo Supp. 2013.* Original rule filed July 11, 2005, effective Jan. 30, 2006. Amended: Filed Feb. 17, 2015, effective Aug. 30, 2015. *Original authority: 302.721, RSMo 2002.