SENATE BILL NO. 122

INTRODUCED BY T. BECK

BY REQUEST OF THE DEPARTMENT OF JUSTICE

A BILL FOR AN ACT ENTITLED: "AN ACT MAKING PERMANENT THE THIRD-PARTY COMMERCIAL DRIVER TESTING PROGRAM; ALLOWING A THIRD-PARTY COMMERCIAL DRIVER EXAMINER FROM ANOTHER JURISDICTION TO CERTIFY AN APPLICANT'S COMPLETION OF A ROAD OR SKILLS TEST; AMENDING SECTION 61-5-118, MCA; REPEALING SECTION 12, CHAPTER 53, LAWS OF 1995; AND PROVIDING AN EFFECTIVE DATE."

WHEREAS, the 54th Legislature approved a pilot project to establish a third-party commercial driver testing program; and

WHEREAS, the program has resulted in uniform testing standards and competent examiners, without adding full-time employees to the Department of Justice; and

WHEREAS, the Legislature desires to continue use of the program and to grant permanent authorization for the program.

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

Section 1. Section 61-5-118, MCA, is amended to read:

"61-5-118. (Temporary) Third-party commercial driver testing program -- test waiver. (1) The department may certify as a third-party commercial driver testing program any company that:

(a) in the course of its commercial enterprise, customarily transports or hauls any goods, including agricultural commodities, in company-owned class A commercial motor vehicles as prescribed by federal regulations;

(b) regularly and continuously employs a minimum number of drivers. The department shall determine the minimum number of drivers and whether they are regularly and continuously employed by the company.

(c) has a permanent Montana mailing address and maintains a place of business in this state that includes at least one permanent, regularly occupied structure with facilities and equipment to conduct offstreet skills testing;

(d) employs at least one examiner with qualifications required by rules of the department; and

(e) complies with rules adopted by the department under 61-5-117.

(2) The road test or the skills test required by 61-5-110 may be waived by the department for a commercial driver's license applicant upon certification of the applicant's successful completion of the road test or the skills test by:

(a) a third-party commercial driver testing program certified under subsection (1); or

(b) a third-party commercial driver examiner from a jurisdiction that has a comparable third-party commercial driver testing program, as determined by the department.

(3) An examiner for a certified third-party commercial driver testing program may administer a road test or a skills test only to a company employee who has applied to the department for a commercial driver's license and who has passed the knowledge test required by 61-5-110 and by department or federal rules. (Terminates September 30, 1999--sec. 12, Ch. 53, L. 1995.)"

NEW SECTION. Section 2. Repealer. Section 12, Chapter 53, Laws of 1995, is repealed.

NEW SECTION. Section 3. Effective date. [This act] is effective July 1, 1999.

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