61-5-118. 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 61-5-112.
     (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.

     History: En. Sec. 6, Ch. 53, L. 1995; amd. Sec. 1, Ch. 292, L. 1999; amd. Sec. 11, Ch. 428, L. 2003.