Section 308-100-150. Third-party tester—Qualifications.  


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  • A third-party tester is a person meeting the minimum qualifications who is trained, tested and certified by the department to conduct a standardized behind-the-wheel test of a commercial driver, such test to be used in determining the driver's qualification to obtain a commercial driver's license. A person applying to be a third-party tester must meet the following requirements:
    (1) Be qualified and licensed to operate and have no less than two years of experience operating vehicles representative of the class of vehicle for which he or she would conduct testing and has no less than five years of total driving experience;
    (2) A check of the person's driving record shows:
    (a) The person has not been convicted or found to have committed any of the following offenses within the three year period preceding the date of application:
    (i) Driving a motor vehicle while under the influence of alcohol or any drug;
    (ii) Driving a commercial motor vehicle while the alcohol concentration in the person's system is 0.04 or more as determined by any testing methods approved by law in this state or any other state or jurisdiction;
    (iii) Leaving the scene of an accident involving a commercial motor vehicle driven by the person;
    (iv) Using a commercial motor vehicle in the commission of a felony; and
    (v) Refusing to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle;
    (b) No more than one conviction or finding that the person committed a serious traffic violation, as defined in WAC 308-100-130 (Serious traffic violations), within three years preceding the date of application;
    (c) No driver's license suspension, cancellation, revocation, disqualification, or denial within three years preceding the date of application; and
    (d) No more than one conviction or finding that the person committed a moving traffic violation within one year or more than three convictions or findings that the person committed moving traffic violations within three years preceding the date of application. Defective equipment violations shall not be considered moving traffic violations for the purpose of determining the applicant's qualification;
    (3) Complete an acceptable application on a form prescribed by the department;
    (4) Have no conviction of a felony or any crime involving violence, dishonesty, deceit, indecency, degeneracy, or moral turpitude;
    (5) Maintain or be employed by a business or agency in which driver testing records would be maintained and available to the state or federal representatives for announced or unannounced inspections and audits;
    (6) Be or be employed by a licensed business or government agency within the state of Washington or within fifty miles of state boundaries;
    (7) Submit to announced or unannounced audits; and
    (8) Attend all training required by the department of licensing.
    Failure to maintain the above qualifications will result in the termination of a third-party tester agreement.
    [Statutory Authority: RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-150, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-150, filed 8/24/89, effective 9/24/89.]
RCW 46.01.110, 46.25.010, 46.25.060, and 46.25.140. WSR 00-18-068, § 308-100-150, filed 9/1/00, effective 10/2/00. Statutory Authority: RCW 46.01.110 and 1989 c 178 §§ 3, 5, 8 and 16. WSR 89-18-003, § 308-100-150, filed 8/24/89, effective 9/24/89.

Rules

308-100-130,