61:25:04:18.  Test administration. Each skill test shall be conducted in accordance with the provisions in 49 C.F.R. 383, Subparts G and H as of September 30, 2019.

    Each skill test shall be conducted as follows:

    (1)  On a test route approved by the department as indicated in § 61:25:04:11;

    (2) In a vehicle that is representative of the class and type of vehicle for which the commercial driver license applicant seeks to be licensed and for which the third-party examiner is qualified to test; and

    (3)  With approved content, forms, and scoring procedures provided by the department.

    A person who trains a commercial driver license applicant to drive a commercial motor vehicle may not also act as the third-party tester or third-party examiner for that applicant. The department reserves the right to test or re-examine any applicant certified by a third-party examiner.

    Source: 16 SDR 88, effective November 16, 1989; 25 SDR 34, effective September 15, 1998; 33 SDR 108, effective December 27, 2006; 35 SDR 305, effective July 1, 2009; 40 SDR 39, effective September 9, 2013; SL 2015, ch 168, §§ 34 and 52, effective July 1, 2015; 48 SDR 18, effective August 30, 2021.

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

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