                                 CODE OF VIRGINIA

ONSITE INSPECTIONS AND AUDITS (§ 46.2-341.14:6)

A. Each applicant for certification as a third party tester shall permit the
Department or FMCSA to conduct random examinations, inspections, and audits of
its operations, facilities, and records as they relate to its third party
testing program, for the purpose of determining whether the applicant is
qualified for certification. Each person who has been certified as a third party
tester shall permit the Department to periodically inspect and audit his third
party testing program to determine whether it remains in compliance with
certification requirements.

B. The Department or FMCSA will perform its random examinations, inspections,
and audits of third party testers during regular business hours with or without
prior notice to the third party tester.

C. Inspections and audits of third party testers will occur at a minimum once
every two years and include, at a minimum, an examination of:

   1. Records relating to the third party testing program;

   2. Evidence of compliance with the FMCSA regulations and Virginia Motor
   Carrier Safety Regulations;

   3. Skills testing procedures, practices, and operations;

   4. Vehicles used for testing;

   5. Qualifications of third party examiners;

   6. Effectiveness of the skills test program by either (i) testing a sample of
   drivers who have been issued skills test certificates by the third party
   tester to compare pass/fail results, (ii) having Department employees covertly
   take the skills tests from a third party examiner, or (iii) having Department
   employees co-score along with the third party examiner during commercial
   driver&#8217;s license applicant&#8217;s skills tests to compare pass/fail
   results;

   7. A comparison of the commercial driver&#8217;s license skills test results
   of applicants who are issued commercial driver&#8217;s licenses with the
   commercial driver&#8217;s license scoring sheets that are maintained in the
   third party testers&#8217; files; and

   8. Any other aspect of the third party tester&#8217;s operation that the
   Department determines is necessary to verify that the third party tester meets
   or continues to meet the requirements for certification.

D. The Department will prepare a written report of the results of each
inspection and audit of third party testers. A copy of the report will be
provided to the third party tester.

HISTORY: 2013, cc. 165, 582; 2014, cc. 77, 803.