Montana Code 61-5-118. Third-party commercial driver testing program — certification of testing programs and examiners — fees — test waiver
61-5-118. Third-party commercial driver testing program — certification of testing programs and examiners — 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:
Terms Used In Montana Code 61-5-118
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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 may decertify a third-party commercial driver testing program for failure to comply with the department rules or federal regulations.
(4)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.
(5)(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.
(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.