Common use of Third-Party Testing Oversight Clause in Contracts

Third-Party Testing Oversight. 6.3.1 Inspections and audits will include, at a minimum, an examination of: 6.3.1.1 records relating to the third-party skills testing program; 6.3.1.2 evidence of compliance with Federal Motor Carrier Safety Regulations; 6.3.1.3 skills testing procedures, practices and operations; 6.3.1.4 vehicles used for testing; 6.3.1.5 qualifications of third-party Examiners; and 6.3.1.6 a testing program by testing a sample of drivers. 6.3.2 Allow representatives from the FMCSA or the Department to conduct both announced and unannounced audits without prior notice, including co-scoring along with the Examiner during skills testing to compare pass/fail results. 6.3.3 Upon request by the Department, provide copies of any applicable records required to be maintained. All records, documents, reports, and files required under this program must be kept in the State of Texas at a designated location identified in the AO’s third-party application, as well as in the Designated Responsible Person’s file, and available during normal working hours. 6.3.4 Upon request, provide representatives of FMCSA or Department with copies of all records required to be maintained in reference to this program. 6.3.5 These records must be maintained for the life of the MOU and three years after the MOU ends at the licensed location where the testing took place, and must include: 6.3.5.1 The name and address of each AO Employee certified by the Department or AO. 6.3.5.2 The name and address of each Applicant or student that was administered a CDL skills test. 6.3.6 Allow representatives from FMCSA or the Department to conduct Instant Random Sampling, Random Sampling, or retest any Applicant administered a CDL skills test by its Examiners. 6.3.7 Allow representatives from FMCSA or the Department to observe any or all portions of an Applicant’s CDL skills test (including those portions occurring inside vehicles) being administered by its Examiners.

Third-Party Testing Oversight. 6.3.1 Inspections and audits will include, at a minimum, an examination of: 6.3.1.1 records relating to the third-party skills testing program; 6.3.1.2 evidence of compliance with Federal Motor Carrier Safety Regulations; 6.3.1.3 skills testing procedures, practices and operations; 6.3.1.4 vehicles used for testing; 6.3.1.5 qualifications of third-party Examiners; and 6.3.1.6 a testing program by testing a sample of drivers. 6.3.2 Allow representatives from the FMCSA or the Department to conduct both announced and unannounced audits without prior notice, including co-scoring along with the Examiner during skills testing to compare pass/fail results. 6.3.3 Upon request by the Department, provide copies of any applicable records required to be maintained. All records, documents, reports, and files required under this program must be kept in the State of Texas at a designated location identified in the AO’s third-party application, as well as in the Designated Responsible Person’s file, and available during normal working hours. 6.3.4 Upon request, provide representatives of FMCSA or Department with copies of all records required to be maintained in reference to this program. 6.3.5 These records must be maintained for the life of the MOU and three years after the MOU ends at the licensed location where the testing took place, and must include: 6.3.5.1 The name and address of each AO Employee certified by the Department or AO. 6.3.5.2 The name and address of each Applicant or student that was administered a CDL skills test. 6.3.6 Allow representatives from FMCSA or the Department to conduct Instant Random Sampling, Random Sampling, or retest any Applicant administered a CDL skills test by its Examiners. 6.3.7 Allow representatives from FMCSA or the Department to observe any or all portions of an Applicant’s CDL skills test (including those portions occurring inside vehicles) being administered by its Examiners.