61:25:04:06.  Requirements for third-party examiners. Third-party examiners may conduct skill tests on behalf of only one third-party tester at any given time. If a third-party examiner leaves the direction or control of a third-party tester, the examiner shall reapply and be approved for a new examiner certificate in order to conduct tests on behalf of a new third-party tester.

 

          To qualify as a third-party examiner, an individual shall meet the following requirements:

 

          (1)  Apply to the department as provided in § 61:25:04:09;

 

          (2)  Be under the direction or control of the third-party tester who filed the individual's third-party examiner application, either as an independent contractor or an employee;

 

          (3)  Have successfully completed a department-sanctioned commercial driver license examiner training course. At a minimum upon completion of the training the third-party examiner shall have acquired and demonstrated the following knowledge and skills;

 

               (a)  A comprehensive understanding of all information in the commercial driver license driver's manual;

               (b)  A working knowledge of the commercial driver license examiner's manual;

               (c)  Ability to administer and score correctly each of the commercial driver license skill tests; and

               (d)  Knowledge of testing site and route requirements;

 

          (4)  Make a commitment to take part in all training courses, workshops, and seminars offered upon request from the department;

 

          (5)  Within the three years prior to application, have had no conviction for driving while intoxicated, and have had no conviction for a violation, while in a motor vehicle, of the provisions of SDCL 22-42-5 to 22-42-11, inclusive, 22-42A-3 or 22-42A-4;

 

          (6)  Within the three years prior to application, have had no driver's license suspensions, revocations, cancellations, or disqualifications; and

 

          (7)  Conduct skill tests on behalf of the third-party tester in accordance with this chapter; and

 

          (8)  Hold a valid commercial driver license with the appropriate CDL group designation and all endorsements required for operation of the commercial motor vehicle used in the skills tests conducted by the examiner.

 

          Source: 16 SDR 88, effective November 16, 1989; 25 SDR 34, effective September 15, 1998; 33 SDR 108, effective December 27, 2006; SL 2015, ch 168, § 49, effective July 1, 2015.

          General Authority: SDCL 32-12A-48(6).

          Law Implemented: SDCL 32-12A-11, 32-12A-49.