Purpose

• Add the option for third-party organizations to administer the road test for a commercial driver's license (CDL) in Minnesota, under state supervision.
• Improve testing capacity and efficiency while maintaining public safety and standards.

Key Definitions and Exam Foundation

• The existing CDL licensing framework remains, including required examinations on eyesight, reading highway signs, traffic laws, the effects of alcohol and drugs, railroad crossing safety, school bus safety, bicycle laws, carbon monoxide risks, and practical driving ability.
• Certain protections remain in place, such as not using color vision deficiency alone to deny a license for certain applicants and accommodating disabled veterans.

Main Provisions: Third-Party Testing Program

• Third-party testing program concept: An approved organization can employ third-party testers to conduct CDL road tests.
• Applications to run a third-party program: Must include business details, contact information, test routes, names and driver license numbers of prospective testers, fees, and a surety bond.
• Location requirements: The tester program must be Minnesota-based with an office in a permanent building.
• Approval and contracts: The commissioner reviews applications and may issue an approval letter to operate; approval is not transferable.
• Tester qualifications and training: The commissioner provides a training process for becoming a third-party tester and must supply test criteria, scoring methods, route determination methods, and required documentation.
• Tester certificates: Individuals who complete training and are approved receive a third-party tester certificate valid for four years; certificates are not transferable and must be renewed before expiration.
• Authority to test: A tester must hold a valid certificate and meet applicable federal and state requirements (including specific CFR and Minnesota rules) to conduct a road test.
• Testing standards: Third-party testers must follow the same general requirements as state examiners, including background checks (at tester’s cost). If providing behind-the-wheel instruction for student drivers, testers cannot reuse the same routes for training and the actual road test.
• Prohibited tests: Third-party testers cannot test individuals who must be examined by the state under existing law, and they cannot administer a fourth or later road test to the same person.

Oversight, Enforcement, and Accountability

• Department immunity: The state is not liable for claims arising from actions of third-party testers or programs in performing testing duties.
• Monitoring and investigations: The commissioner will monitor, audit, and investigate third-party testers and programs. They must notify testers of investigations and share findings.
• Denial, cancellation, and suspension: The commissioner can deny applications, cancel approvals, or suspend testers/programs for noncompliance, misstatements, or actions compromising program integrity. Appeals and hearing processes are provided.
• Correction orders: If a deficiency is found, the commissioner can issue a 30-day correction order to fix it before suspension or cancellation, with a right to appeal.
• Rulemaking alignment: The commissioner will apply some existing CDL-related rules and may adopt rules specific to third-party testing on topics such as approval criteria, training, testing methods, routes, documentation, investigations, and complaint handling. Some parts of current rules do not apply to third-party testing to avoid unnecessary duplication, and there is a cap on creating standards higher than those for state employees.

Rulemaking and Sunset

• Rulemaking authority: The commissioner can adopt rules specific to third-party testing, aligning where appropriate with current Minnesota Rules and federal requirements.
• Sunset and repeal: The authority to adopt rules for third-party testing is set to sunset if not adopted by June 1, 2027; after sunset, rulemaking authority does not automatically continue unless specifically authorized by statute.
• Additional rulemaking report: If more rules are needed beyond what is authorized, the commissioner must report to transportation committees by January 15, 2026, including draft legislation to authorize needed rulemaking.

Funding and Appropriation

• Funding is provided to implement and administer the requirements: $429,000 in FY2026, $390,000 in FY2027, and $390,000 in FY2028, drawn from the driver and vehicle services operating account in the special revenue fund.

Repeals and Appendices

• Repealer of an instructor training provision: Minnesota Rules part 7411.0630 subpart 6 (instructor training qualifications) is repealed, removing the specific instructor training requirements in that rule.

What this bill changes about existing law

• Introduces a formal framework for third-party organizations to administer CDL road tests, with tested oversight and certification processes.
• Requires standardized training, testing criteria, and documentation for third-party testers, and ties testing to federal standards.
• Establishes appointment, routing, and location transparency for CDL testing and ensures access to testing in Minnesota.
• Expands the testing workforce under state supervision while preserving safety standards and accountability through audits, investigations, and strong consequences for noncompliance.
• Repeals an existing instructor training rule, shifting some training requirements to the new third-party framework.
• Sets up a timeline and funding to implement these changes and requires a future rulemaking plan if additional rules are needed.

Relevant Terms - third-party tester - third-party testing program - road test - commercial driver’s license (CDL) - Minnesota Rules parts 7410 and 7411 - CFR Title 49 Part 383 - testing routes - certification of passage - tester certificate - training and information - background checks - approval letter of a third-party program - oversight audits - correction orders - rulemaking - appropriation - repeal of instructor training qualifications (Minnesota Rules 7411.0630)