61-5-118. Third-party commercial driver testing program -- certification of testing programs and examiners -- rulemaking -- fees -- test waiver. (1) The department may contract with and certify the following as a third-party commercial driver testing program to administer the approved commercial driver skills test to a Montana commercial driver's license applicant:

(a) any person, employer of commercial drivers, private driver training facility, or other private company;

(b) a postsecondary institution as defined in 20-26-603;

(c) a department, agency, or instrumentality of a local government of the state; or

(d) a department, agency, or instrumentality of a tribal government of the state.

(2) A certified third-party driver testing program shall administer the same skills test as would otherwise be administered by the department.

(3) The department shall adopt rules governing the certification, operation, and monitoring of third-party testing programs. The rules must:

(a) substantially comply with the licensing standards and requirements in 49 CFR, part 383, and the state compliance standards in 49 CFR, part 384, including:

(i) issuance of a commercial driver's license skills testing certificate to a certified program upon execution of a third-party skills testing agreement;

(ii) requiring that all third-party skills test examiners meet minimum qualifications, including passing background checks paid for by the third-party testing program and successfully completing a formal skills test examiner training course;

(iii) providing examiner test limitations, minimum testing standards, and refresher training requirements; and

(iv) requiring recordkeeping and a detailed audit program that includes overt and covert test monitoring and onsite audits by state and federal personnel;

(b) specifically address the requirements for certifying third-party commercial driver testing programs, including place of business, appropriate bond and liability insurance, and facilities requirements; and

(c) specify minimum technology requirements for recordkeeping, scheduling applicants for the skills test, conducting the skills test, and electronically transferring skills test results to the department.

(4) The department may decertify a third-party commercial driver testing program for failure to comply with the department rules or federal regulations.

(5) The department may collect the following fees:

(a) a fee of $5,000 to certify a third-party commercial driver testing program and a fee of $2,500 for certification renewal;

(b) a fee of $500 to certify each third-party commercial driver examiner and a fee of $100 for certification renewal; and

(c) a fee of $25 for each successfully completed skills test to be paid by the applicant.

(6) (a) A commercial driver's license applicant who is tested under the third-party commercial driver testing program must have passed the knowledge test required by 61-5-110 and complied with commercial driver's license department rules and federal regulations and must possess a valid Montana commercial learner's permit issued under 61-5-112.

(b) 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:

(i) a third-party commercial driver testing program certified under this section; or

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