(2) The purpose of these rules is to ensure compliance to promote the safety and welfare of the citizens of Colorado.

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1 A. BASIS, PURPOSE AND STATUTORY AUTHORITY - (1) By Statute, the Department is authorized to adopt rules and regulations as necessary for the Commercial Driver s License Program. Authority: CRS , CRS (1) (b) CRS, (2) (a) CRS, (8). (2) The purpose of these rules is to ensure compliance to promote the safety and welfare of the citizens of Colorado. B. INCORPORATION BY REFERENCE OF FEDERAL RULES (1) Adoption: The Department adopts the Federal Motor Carrier Safety Regulations Part 383, 384, 390, and 391, Qualifications and Disqualification of Drivers. * *Matter incorporated by reference. (2) The Federal Regulations incorporated or referenced by this rule are published in the Code of Federal Regulations, Title 49, Part 383, 384, 390, and 391, revised as of October 1,2002. Material incorporated by reference in this rule does not include later amendments to or editions of the incorporated material. The Federal rules and regulations referenced or incorporated in these rules are on file and available for inspection by contacting the Motor Vehicle Business Group of the Department of Revenue, 1881 Pierce Street, Room 136, Lakewood, Colorado, , and copies of the materials may be examined at C. DEFINITIONS (1) AAMVA: American Association of Motor Vehicle Administrators is a voluntary, nonprofit, tax exempt, educational unit that represents state and provincial officials in the United States and Canada who administer and enforce motor vehicle laws. (2) CDL: Commercial Driver s License means a license issued to an individual in accordance with the requirements of the federal Commercial Motor Vehicle Safety Act of The document issued by the Department entitles the holder while having such document in immediate possession, to drive a motor vehicle of certain classes and endorsements upon the highways without supervision. (3) CDL Instruction Permit: The permit issued by the Department entitling the applicant, while having such permit in immediate possession, to drive a motor vehicle of certain classes and endorsements upon the highways. (4) CDL Vehicle Class: A group or type of vehicle with certain operating characteristics. (5) CDLIS: Commercial Driver s License Information System is the central database, that stores the list of drivers in addition, the drivers state of record. (6) CDL driving tester or driving tester: An individual licensed by the Department under the provisions of CRS to perform CDL driving tests. (7) CDL testing unit or testing unit: A business, association, or governmental entity licensed by the Department under the provisions of CRS to administer the performance of CDL driving tests. (8) CMV: Commercial Motor Vehicle means a motor vehicle designed or used to transport passengers or property, if the vehicle, has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating determined by federal regulation; or is designed to transport sixteen or more passengers,

2 including the driver; or is transporting hazardous materials and is required to be placarded. (9) CCCOES: Colorado Community College and Occupational Education System. (10) Department: Colorado Department of Revenue. (11) Disqualifications: The suspension, revocation, cancellation, or any other withdrawal by a state of a person s privilege to drive a CMV or a determination by the FHWA under the rules of practice for motor carrier safety contained in Part 386 of this title, that a person is no longer qualified to operate a CMV under Part 391; or the loss of qualification which automatically follows conviction of an offense listed in FMCSR (12) Designed to Transport: The manufacturer s original rated capacity of the vehicle. (13) Endorsements: This is a letter indicator added to the CDL and/or permit which shows successful completion of the appropriate knowledge and/or skills test(s) that allows the operation of a special configuration of vehicle(s). There are seven test endorsement indicators that may be shown on the CDL. (a) T = Double/triple trailers (b) P = Passenger (c) N = Tank vehicles (d) H = Hazardous materials (e) S = School buses (f) X = Combination of tank vehicle and hazardous materials (g) M = Motorcycle (14) Exemptions: Regulatory relief given to a person or class of persons normally subject to regulations without the exception. (15) Farm Custom Harvester: An individual engaged in seasonal custom-harvesting operations. (16) Farm-Related Service Industry: Is an entity with special Federal Motor Carrier Safety Administration designation that provides farm-related services such as: (a) Agri-chemical businesses; (b) Custom harvesters; (c) Farm retail outlets and suppliers; and (d) Livestock feeders. (17) FHWA: Federal Highway Administration is an agency within the US DOT. (18) FMCSA: Federal Motor Carrier Safety Administration is an agency within the USDOT. (19) FMCSR: Federal Motor Carrier Safety Regulations (49 CFR Parts ).

3 (20) GCWR: Gross Combination Weight Rating is the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit plus the total weight of the towed unit and any weight thereon. (21) GVWR: Gross Vehicle Weight Rating is the value specified by the manufacturer as the loaded weight of a single vehicle. (22) Intrastate Driver: A driver authorized to operate a CMV within the boundaries of Colorado, and is not authorized to transport items of interstate commerce or hazardous materials. (23) Interstate Commerce: Trade, traffic or transportation in the United States between a place in the state and a place outside of such state, including outside of the United States. (24) Interstate Driver: A CDL holder authorized to cross state lines and transport interstate commerce while operating a CMV. (25) No Trctr Trlr: No Tractor Trailer is a restriction noted on the CDL when an applicant completes the driving test in a combination vehicle and the power unit has a GVWR of less than 26,001 pounds. (26) NDR: National Driver Register maintains the national database of driver histories. Each applicant s driving history must clear NDR prior to the issuance of a CDL. (27) Passenger Vehicle: A passenger vehicle designed to transport 16 or more passengers, including the driver. (28) Paved Vehicle Control Testing Area: For the purpose of these rules, a paved testing area is a surface made up of materials and adhesive compounds of a sufficient depth and strength prepared to provide a durable, solid, smooth surface upon which an applicant will demonstrate basic vehicle control skill. (29) Representative Vehicle: A motor vehicle, which represents the group or type of motor vehicle that an applicant operates or expects to operate. (30) Restrictions: Prohibit the operation of certain types of vehicles or restrict operating a CMV within designated boundaries. (31) USDOT: United States Department of Transportation. (32) Vehicle Test Area Marking: The paved testing area will be painted to delineate boundaries for each of the vehicle control skill tests. The area provides a defined test area with traffic cones placed according to Department standards. D. APPLICANT LICENSING REQUIREMENTS (1) Each applicant for a CDL or instruction permit must be a resident of Colorado, at least 18 years of age, and comply with the testing and licensing requirements of the Department. (a) The CDL and instruction permit will indicate the class of license, any endorsements and any restrictions for that individual driver. The CDL is valid for the operation of a non-cmv including a motorcycle with the appropriate motorcycle endorsement on the license. (b) A valid CDL may be transferred from another state authorized to issue a CDL. (2) Prior to the issuance of a CDL or instruction permit, each applicant must provide evidence of his/her

4 social security number (SSN) in accordance with Department procedures. (3) Each applicant must meet the medical and physical qualifications under FMCSR Part * and have this examination verified on a DOT medical examination form. Unless the following exceptions apply, each driver must carry this medical examination form or the medical examiner s certificate on his/her person when operating a CMV: (a) Individuals holding a waiver issued by the Colorado State Patrol or the FMCSA. (b) Those who are exempted under FMCSR Part * for an individual engaged in farm custom operations; custom harvesting; transporting farm machinery, supplies or both; and certain farm vehicles. E. ENDORSEMENTS (1) T- Double/Triple Trailers: Required to operate a self-propelled CMV used for drawing two or more vehicles or trailers. (2) P- Passenger: Required to operate a passenger vehicle designed by the manufacturer to transport 16 or more passengers, including the driver. (3) N-Tank Vehicles: Required to operate a vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or chassis. Such vehicles include but are not limited to cargo tanks, or portable tanks but, does not include portable tanks with a rated capacity under 1,000 gallons. (4) H-Hazardous Materials: Required to transport materials which require the motor vehicle to display a placard under the hazardous materials regulations. (5) S- School Buses: Required to operate a school bus used to transport public private, parochial or any other type of pre-primary, primary, or secondary students from home to school, from school to home or to and from school sponsored events.- (6) X-Combination Tank/Hazmat: Required to operate vehicles that meet the definition of (3) and (4). F. RESTRICTIONS (1) Intrastate: The letter K is noted on the CDL of a driver between the ages of 18 through 20, and a driver who has been issued a valid medical waiver from the Colorado State Patrol. Under this CDL restriction, the driver must not: (a) operate a CMV outside the state boundaries; (b) transport interstate commerce as defined in the FMCSR * ; or

5 (c) transport hazardous materials requiring a placard or commodities with a hazard class or subject to the oison by inhalation hazard shipping description. (2) Air brake: The letter L is noted on the front of the CDL of an individual restricted from operating vehicles equipped with air brakes. (a) The L restriction is removed by successfully completing the air brakes knowledge test and a complete driving skill test in a vehicle equipped with air brakes and is representative of the vehicle class. (b) Before taking the driving skill test in a vehicle equipped with air brakes, the individual must have in his/her possession a CDL permit without the L restriction. (c) Air brake restriction does not include air-over-hydraulic systems. (3) No Tractor Trailer: The letters No Trctr Trlr, restrict operation of a truck tractor unit (laden or unladed) designed and used to draw a semi-trailer or tractor. G. EXEMPTIONS (1) FMCSR Part Applicability, authorizes the state to grant certain groups exceptions from the CDL requirements. (a) FMCSR - Part (c): Exception for certain military drivers. (b) FMCSR- Part (d)(l and 2): Exception for farmers and firefighters are applicable to CRS (4) (b) (III) and (TV). (c) FMCSR- Part (d) (3): Exception for drivers removing snow and ice. (d) FMCSR - Part (f): Restricted CDL for certain drivers in farm-related service industries. (2) FMCSR Part specifies the exceptions to the physical qualifications for individuals engaged in custom harvesting operations in FMCSR * H. ENTITY ELIGIBLE TO APPLY FOR A TESTING UNIT LICENSE (1) The Department may authorize a testing unit to administer the CDL driving test on behalf of the Department if such training and examination is equal to the training and testing of the Department. (2) Enter into an annual written contract with the Department and agree to: (a) maintain an established place of business in Colorado with a vehicle fleet of no less than three CMV s owned, leased or registered to the testing unit, the business owner or an employee of the business; or (b) maintain an adult education occupational business license with the Colorado Community College and Occupational Education System; or (c) be an agency of local government, public school district, private or parochial school or other

6 type of pre-primary, primary, or secondary school transporting students from home to school or from school to home. I. TESTING UNIT REQUIREMENTS (1) An entity must apply for and receive a CDL testing unit license from the Department in order to conduct driver testing for the licensing period. The CDL testing license expires on June 30th of each year. The license(s) for both the testing unit and driving tester(s) must be displayed and or available for inspection in the place of business. (2) The place of business should be a separate establishment and may not be part of a home. The CDL testing unit must comply with city zoning and code requirements. The unit address may not be a post office box. (3) The testing unit must have written permission from the landowner to administer the CDL test on basic control test areas not owned by the testing unit. This written permission must be submitted to the Department for approval prior to testing. (4) The testing unit must maintain at least one salaried employee who is authorized and designated as a CDL driving tester. (5) The testing unit must insure that the unit s driving tester is authorized to conduct testing for an applicant in the CDL Class for which the applicant has applied, and must insure that the vehicle(s) used for driver testing are of the CDL class or endorsement(s), that the unit is authorized to use for testing. (6) The testing unit is responsible for insuring that the testers attend all mandated training provided by the CDL Compliance Section. Failure of the tester to attend a scheduled training seminar may result in the suspension of testing privileges. (7) A testing unit approved by the Department to test for profit shall submit a schedule of appointments to the CDL Compliance section at least four hours prior to testing. Less than a 4- hour notification of testing requires prior approval from the CDL staff. Submit schedules for driving skill tests by fax, telephone or electronic mail. (8) Governmental entities shall maintain a schedule of appointments for CDL testing. (9) Employees within a testing unit must have administered a minimum of two complete driving tests during the previous licensing period to be eligible for renewal. Alternatives to the minimum test requirement granted upon justified requests. (10) The testing unit must insure that the unit s driving tester only issues a license for the class of vehicle for which the applicant has successfully completed the driving skill test. (11) The testing unit will allow CDL driving testing only on Department approved testing areas and routes. (12) The CDL on-road test must be conducted during daylight hours. (13) All requests for the annual CDL testing unit license shall include the signature of each CDL driving tester confirming compliance with the contractual agreement. (14) The testing unit shall also agree to: (a) allow the FMCSA, the Department and their representatives to conduct random inspections and audits without prior notice.

7 (b) allow the Department to conduct on-site inspections at least annually. (c) require all driving testers to meet the same training and qualifications as state examiners, to the extent necessary to conduct the CDL driving skill test in compliance with these rules and regulations. (d) allow Department employees to take the tests administered by the testing unit as if the employee were a test applicant, or the Department to test a sample driver(s) who was examined by the third party to compare pass-fail results. (e) allow the Department the right to take prompt and appropriate remedial action against any driving tester when such driving tester fails to comply with Department or federal standards or any other items of the contract. (f) insure driving testers obtain AAMVA CDL third party tester certification by December 31,2006, as required for Departmental approval of driver skill testing for profit. The Department will provide the education and training materials necessary to achieve such certification. AAMVA membership fees are the responsibility of the driving tester. (15) Charge fees only in accordance with CRS A tester and a testing unit can charge for only tests administered. (16) Make all CDL testing records available for inspection during regular business hours, (17) Hold the state harmless from liability resulting from the administration of the CDL program. (18) Make annual application for renewal of the unit testing license and individual tester license(s) before the license expires on June 30th of each year. J. DRIVING TESTER REQUIREMENTS (1) The driving tester must possess a valid US DOT medical card and a valid CDL with the appropriate endorsement(s) to operate the vehicle(s) in which the CDL driving skill test is conducted. (2) The driving tester must conduct the full CDL driving test in accordance with Department procedures and must use state grading forms. (3) The driving tester agrees as part of the application to hold the State harmless from the liability of CDL driving skill testing. (4) The driving tester must test in the CDL class of vehicle or endorsement(s) group authorized by the Department and only hi the class which the applicant will receive the CDL. (5) Prior to administering the CDL driving test, the tester must insure that the applicant has in his/her immediate possession, a current US DOT medical card, a current CDL instruction permit or a current CDL for operating the class and endorsement of vehicle being used for testing. (6) A driving skill tester removed from performing a safety sensitive function, shall not administer a driving skill test or sign a completion of road test statement. (7) The vehicle inspection, the basic vehicle control skills and the on-road driving tests must be administered by the same examiner in sequential order with no more than a 15- minute break between the skills test and the road test. Tests must be scheduled to avoid the lunch break. (8) The driving tester may only administer the CDL driving skill test on a test area and route that has

8 been certified for testing by the Department. With approval from the Department, a driving tester may use an alternate test area and route that has been certified for testing by the Department. (9) The driving tester must inform the applicant that he/she may be randomly selected for a retest as mandated by the FMCSR (a)(2)(iv) *. The driving tester must insure that the applicant reads and signs the DR 2736, Statement of CDL Completion form. (10) The driving tester may administer a CDL driving test as an employee of, and on behalf of, the licensed testing unit. The driving tester may administer tests for more than one employer, however the driving tester must be licensed under each employer to conduct testing on his/her behalf. The tester must keep all CDL records separate for each testing unit. (11) If an applicant fails any part of the CDL driving test they must return on a different day to re-test. (12) Administer at least two complete CDL driving skill tests within the twelve-month period preceding the application for renewal from the Department. K. COURSE AND ROUTE REQUIREMENTS (1) A testing unit must have a paved area for CDL vehicle inspection, vehicle control skill testing that is large enough to perform all of the required CDL control maneuvers. These include: L. RIGHTS (a) Painted lines and traffic cones must be used to mark the test boundaries in accordance with Department requirements. (i) Traffic cones used to mark the test boundaries must be a minimum of twelve inches in height. (b) The vehicle control testing area must be cleared to a condition that allows the applicant to readily determine the boundary lines and cones during the test. (i) The testing area boundaries must be cleared of snow, debris, or vehicles that would obstruct the applicant s view during the vehicle control maneuvers. (ii) Testing on dirt, a sand or graveled area is not allowed. (c) The testing unit shall request and receive approval from the Department for any change(s) to the approved road test route prior to administering a CDL road test. (1) The driving tester may refuse to test any applicant. An applicant for the CDL driving skill test who is refused shall be referred to the CDL Compliance Section. (2) Governmental driving testers who want to test the motoring public for profit must make application and receive approval from the CDL Compliance Section. M. RECORDING AND AUDITING REQUIREMENTS (1) An applicant who has successfully completed the driving skill test shall be issued the Statement of CDL Driving Skill Testing Completion (DR 2736). The testing unit will retain one copy of this form

9 for the testing unit s records. (This form is not authorization to drive unsupervised.) (2) The CDL Compliance Section shall be notified in writing after an applicant fails the driving test. All failures shall be reported to the CDL Compliance Section no later than 5 P.M. the following business day. (3) The testing unit will maintain all pass/fail records for three years. These will include the CDL driving skill testing records for each driver tested, the dates of the testing, the applicant s identification information, the vehicle information and the name and state assigned number of the driving tester who administered test. (4) A testing unit shall prepare and submit a monthly report of testing results to the Department. The report shall include the name of each applicant tested, CDL permit Number, endorsements (H, X, P), the length of tune to administer the test (i.e. start and completion tune), and the pass/fail results. These reports shall be submitted to CDL Compliance Section by the fifth day of each month. (5) The testing unit shall notify the Department in writing within 10 working days, of the termination or separation of any driving tester. (6) During CDL compliance inspections, driving testers shall cooperate with the Department and FMCSA, by allowing access to testing areas and routes, furnishing driving skill testing records and results, and other items pertinent to the mandated inspection. The tester must surrender testing records upon request. The tester may make copies and retain copies of such records. (7) If the testing unit provided the vehicle for the initial test, the testing unit will furnish the vehicle for a driver selected for a retest under the requirements of FMCSR *. No fees, including any vehicle rental fees required for testing will be collected for this mandatory evaluation. The Department shall not be held liable during retests for any damage, injury or expense incurred. (8) If the driver tested in his/her own vehicle, the driver selected will supply the vehicle for the test. (9) The testing unit will not be authorized to conduct any further testing if the CDL Compliance Section determines that the testing unit is not cooperating with the audit requirements. N. BOND (1) A testing unit, which is not an agency of local government, or any Colorado school district shall maintain a bond for $20, with the Department. The bond shall be executed by a surety company authorized to do business within the State of Colorado. (a) The bond shall be for the use and benefit of the Department in the event of a monetary loss within the limitations of the bond, attributable to the willful, intentional or negligent conduct of the testing unit or its agent(s) or employee(s). (b) If the amount of the bond is decreased or terminated, or if there is a final judgment outstanding on the bond, the testing unit s license shall be suspended. The suspension shall continue until satisfactory steps are taken to restore the original amount of the bond required by the Department. O. ETHICAL REQUIREMENTS FOR THIRD PARTY TESTING UNITS

10 (1) No advertisement shall imply that a unit can issue or guarantee the issuance of a CDL. (2) No advertisement shall imply that the unit has any influence over the Department in the issuance of a license. (3) No tester, employee, or agent for the testing unit will be permitted to solicit on the premise of a Colorado State Driver License Office. (4) No test can be administered unless the applicant is present. (5) A fee cannot be collected unless an applicant is present. P. REVOCATION, CANCELLATION OR SUSPENSION OF TESTING UNITS AND TESTERS. (1) The license of a testing unit or driving tester may be suspended or revoked for willful or negligent actions which may include any of the following: (a) Misrepresentation on the application to be a testing unit or driving tester; (b) Improper testing and certification of an applicant who has applied for the CDL; (c) Falsification of test documents or results; (d) Violations of the provision of the CDL rules related to the testing unit and driving testers; (e) Failure to employ a minimum of at least one licensed CDL tester; (f) Willful action to avoid or the refusal to cooperate in a CDL Compliance audit and record review; and (g) For cause. (2) Summary Suspension: The Department may issue an immediate cease testing notice if it has reasonable grounds to believe that a testing unit or driving tester has deliberately and willfully violated the provisions of these rules or the law, or that the public health, safety or welfare imperatively requires emergency action. The cease testing notice shall operate as a summary suspension of the license, and testing will not be permitted until the issue is resolved. The notice shall state the reason(s) for the order, shall offer the tester or testing unit a hearing, and shall be sent to the tester or testing unit at issue. If the tester or testing unit requests a hearing, proceedings for suspension or revocation of the license shall be promptly instituted and determined. (3) Appeal Process: A testing unit or driving tester may contest a cease testing notice or a notice of violation by requesting a hearing. The request must be submitted in writing and appropriately labeled, such as CDL Cease Testing Appeal, to the Motor Vehicle Business Group, Driver s License Administration Section, 1881 Pierce Street, Room 136, Lakewood, Colorado, Subsequent appeal may be had as provided by law.