1 CCR 204-30-8 - RULES AND REGULATIONS FOR THE CLASS R DRIVER TESTING AND EDUCATION PROGRAM
PURPOSE
The Department of Revenue, Division of Motor Vehicles, Driver Testing and Education unit developed rules, regulations, and certification requirements to establish the working and operational instructions for the conduct of Certified Commercial Driving Schools, Basic Operator Skills Testing Organizations, and Certified Employees. The rules, regulations and requirements will furnish guidelines as necessary for Certified Commercial Driving Schools to remain current with laws and new programs promoting the safety and welfare of the citizens of Colorado and to aid in the detection of fraudulent activities.
STATUTORY AUTHORITY
Sections: 24-4-103, 104 and 105; 42-1-102 (43.5); 42-1-204; 42-1-211; 42-1-222; 42-2-105.5; 42-2-106; 42-2-111; 42-2-601, 602, 603, and 604, C.R.S.
(100)
DEFINITIONS
A.
Basic
Operator Skills Test (BOST): The Basic Operator Skills Drive Test (BOSD)
or the Basic Operator Skills Written Knowledge Test (BOSW) or both.
B.
Basic Operator Skills Tester (BOST
Tester): An individual employed by a Certified Commercial Driving School
who has successfully passed all training required by the Department and is
certified to administer the BOSD and/or the BOSW. For purposes of this rule,
"administer" includes proctoring and grading.
C.
Basic Operator Skills Testing
Organization (BOSTO): A Certified Commercial Driving School that is also
certified by the Department to conduct the BOST for a permit or driver
license.
D.
Behind-The-Wheel
(BTW): Actual instructional driving time during which the novice driver
operates a Class R vehicle (e.g., off-street, on-street, on-highway) and is
guided by an instructor in the front passenger seat. Observation is not
included in behind-the-wheel time.
E.
Certified Commercial Driving School
(CCDS): Any business or any person certified by the Department to
provide or offer to provide Department approved training or examinations that
are statutorily mandated for a driver license or instruction permit.
F.
Certified Employee: An
individual employed by a CCDS and certified by the Department to conduct
training, examinations, or access DRIVES.
G.
Class R Vehicle: Any motor
vehicle with a Gross Vehicle Weight Rating of less than 26,001 lbs. as a single
unit or in combination, designed to carry 15 or fewer passengers, including the
driver, and does not carry hazardous material.
H.
Clock Hour: Full hour
consisting of sixty (60) minutes.
I.
Curriculum: A course of
instruction approved by the Department that meets the minimum requirements to
obtain a driving permit.
J.
Department: The Department of Revenue.
K.
Driver License Written Examination
(Examination): means the DR 2252WE (English versions 1-4) or DR 2252SP
(Spanish versions 1-4) Driver's License Written Examination or electronic
equivalent.
L.
DRIVES:
Driver License Record Identification Vehicle Enterprise Solution as defined in
Section 42-1-211, C.R.S.
M.
Driver Testing and Education
(DTE): unit within the Driver License Section of the Department of
Revenue, Division of Motor Vehicles.
N.
Expanded Driver Awareness Program /
Driver Awareness Program (EDAP/DAP): A four-hour pre-qualification
driver awareness program approved by the Department. Section
42-2-106(1)(d)(I),
C.R.S.
O.
Fiscal Year:
Means July 1st through June 30th.
P.
Instruction Permit: A
document issued by the Department to allow an individual to drive a motorcycle
or Class R vehicle, as provided for in section
42-2-106, C.R.S., prior to
receiving a Colorado driver license.
Q.
Revocation of Testing
Certification: The permanent withdrawal of a BOST Tester's or a BOSTO's
testing privileges by the Department.
R.
Shadow Drive: Additional
practice in drive testing before certification or re-certification.
S.
Suspension of Testing
Certification: An action taken by the Department against a BOST Tester
or a BOSTO whereby testing privileges are withdrawn for a specified period of
time.
T.
Service
Animals: An animal that is trained to do work or perform tasks for
people with disabilities. Animals whose sole function is to provide comfort or
emotional support do not qualify as service animals.
U.
Third Party Exam Completion
Statement (TPE): Form generated by DRIVES as a receipt to the applicant
that the Certified Employee has entered exam information into DRIVES.
V.
Transaction Completion Statement
(TCS): Form generated by DRIVES to indicate data entered into DRIVES for
each exam submitted.
(150)
APPLICABILITY
This Rule 8 applies only to BOSTOs, CCDSs, and their Certified Employees that offer statutorily-mandated examinations or statutorily mandated training for a driver license or instruction permit.
(200)
GENERAL REQUIREMENTS FOR
COMMERCIAL DRIVING SCHOOL CERTIFICATION
A. In order for a Commercial Driving School
to be certified by the Department, the school must:
1. Enter into a written contract with the
Department; and
2. Offer a driver
education course of instruction approved by the Department.
B. An application for
certification must be submitted on forms provided by the Department and must be
typed and indicated on the form the type of certification being requested.
Incomplete applications will not be accepted.
C. A copy(s) of the CCDS's registration with
the Secretary of State, along with any other documentation required by the
county or city, are required to be submitted with the application.
D. A CCDS's place of business must be a
separate establishment and not part of a residence.
1. All CCDSs are required to have a mailing
address that is not a post office box.
E. Each new owner/manager must complete
records management training offered by the Department prior to
certification.
F. A CCDS must have
proof of current and valid general liability insurance, vehicle insurance and
registration, surety bond, and worker's compensation insurance in the form of
an insurance certificate, if required by the Workers' Compensation Act
[Sections 8-40-101, et. seq. C.R.S.], on file
with the Department at all times.
1. The
Department must be listed on the general liability insurance policy and the
vehicle insurance policy as a secondary insured.
2. No fewer than 30 days before the current
insurance coverage expires, the CCDS must provide an updated insurance
certificate to the Department.
3.
The CCDS must notify the Department immediately upon cancellation of an
insurance policy.
4. Failure to
maintain current insurance coverage and surety bond are grounds for suspension,
and such suspension may be in effect until a current insurance certificate and
surety bond are provided to the Department.
G. A CCDS must provide an inventory of all
Class R vehicles used for testing/training, and proof of second brake
installation and instructor mirror to the Department. Changes to vehicle
inventory must be reported, in writing, to the Department within 30 days of the
change.
H. Bond: A CCDS must
maintain a surety bond, executed by a surety company authorized to do business
in Colorado, in the amount of $10,000 with the Department.
1. The bond must be for the use and benefit
of the Department in the event of a monetary loss within the limitations of the
bond attributable to the willful, intentional, or negligent conduct of the
CCDS, or its agents or employees;
2. If the amount of the bond is decreased or
terminated, or if there is a final judgment outstanding on the bond, the CCDS's
certification may be suspended. The suspension may continue until satisfactory
steps are taken to restore the original amount of the bond; and
3. The Department must be named as the
beneficiary on the bond.
I. Physical facilities: A CCDS requesting
certification by the Department must have a place of business with facilities
to conduct classes and to maintain all required files and records:
1. All forms issued by the Department must be
secured in limited access areas;
2.
A CCDS must obtain written permission from property owners, on a DR 2060
Classroom Consent form prior to conducting driver education training on the
property. The completed DR 2060 Classroom Consent must be submitted to the
Department prior to the commencement of training on the property;
3. If a CCDS uses approved public facilities
as a place of business, then Certified Employees for the CCDS must have a copy
of its CCDS certification and DR 2060 Classroom Consent in their
possession;
J. A CCDS
must provide to all Certified Employees a current version of Rule 8 upon hire
and must monitor and ensure their Certified Employees follow all applicable
rules and regulations and Colorado Revised Statutes. A signed acknowledgment
must be kept on file for each employee for the duration of their
employment.
K. A CCDS must notify
the Department in writing within three days of any change in the location of
the place of business, directors, owners, or managers of any CCDS.
Certifications are not transferable.
L. If a CCDS is sold or transferred to a new
owner, then the new owner must file a new application for certification, sign a
new contract (if operating under a new EIN) with the Department and be approved
by the Department before beginning operation under the new ownership. Failure
to inform the Department of any ownership change is grounds for revocation or
suspension of CCDS certification.
(201)
CURRICULUM
A. A CCDS that trains using a simulator,
range driving or Department designed homework cannot use this time towards the
six-hours BTW training but may count up to two hours towards classroom
hours.
B. A CCDS must offer a
30-hour driver education curriculum approved by the Department, except that a
CCDS that provides only EDAP/DAP training need not offer a 30-hour course but
must meet the requirements in section 303 of this rule.
C. When a curriculum is submitted for
approval, the curriculum must include a lesson plan with an instructor guide,
course outline, and course content (including simulator), all in the format
required.
D. A CCDS may appeal the
disapproval of its curriculum by filing a written appeal with the Department's
Hearings Division within 60 calendar days after the date of the notice of
disapproval.
E. A CCDS must teach
the approved curriculum, including the required hours, and cannot change the
curriculum without resubmission and re-approval.
F. Driver education courses must be equal to
or exceed the requirements for hours of instruction (excluding
mealtimes/breaks) and course content as set forth in the Department's
application form for CCDS certification.
G. The curriculum requirements for a driver
education course, EDAP, or BTW training are available on the Department's
official website.
(202)
CURRICULUM WITHDRAWAL
A. Approval
of a CCDS's curriculum may be withdrawn if the curriculum is not compliant with
statute, rule, or regulation.
B. If
a CCDS is notified that approval for its curriculum has been withdrawn, the
authority of the CCDS to teach the curriculum may be suspended, or such
authority may be summarily suspended and the CCDS must immediately cease
instructing and entering information into DRIVES.
(203)
CLASSROOM REQUIREMENTS
A. A classroom must have working audio and
video presentation equipment and provide at least one book per student as
required by the curriculum.
B. With
the exception of internet, a CCDS must provide a classroom that meets the
following requirements:
1. Has space to seat
all students, containing at least one seat and desk/table for each student, and
one program instructor's desk, table, or podium; and
2. Has restroom(s) available for student
use.
C. Approval of the
classroom by the Department is required prior to scheduling the first
class.
D. Modular units must be
inspected and approved in writing by the Department prior to any classes being
taught at the unit.
E. CCDS, EDAP,
and DAP programs must not be conducted in a home, mobile home, apartment, or
living quarters of any kind.
(300)
CERTIFIED COMMERCIAL DRIVING
SCHOOL OPERATING REQUIREMENTS
A. A CCDS
must comply with applicable Colorado Revised Statutes, Department rules and
regulations.
B. A CCDS must
cooperate with an investigation of a complaint against the CCDS or its
Certified Employee.
C. A CCDS may
provide information to applicants regarding documentation required by the
Department for the issuance of Class R instruction permits, licenses, or
identification cards, but should not contact the Department regarding an
applicant's driving record except as specifically provided in this
rule.
D. A CCDS must ensure that
all Certified Employees of the CCDS:
1.
Provide to the Department a CBI background check (out of state Internet
organizations excluded) and a typed DR 2066 New CCDS Employee Request. All
background checks must be submitted matching the name on the driver license and
using the correct date of birth;
2.
Be over 21 years of age and have a valid license;
3. Do not have a personal driving record
showing the accumulation of eight or more points or a suspension or revocation
of driving privileges in the preceding three years;
4. Fully and accurately complete
testing/training forms prior to entering into DRIVES;
5. Do not share or divulge passwords and/or
logins;
6. Provide a unique email
address per tester number to acquire access to DRIVES;
7. Immediately enter TCSs for individuals
that have been tested, regardless of pass or fail;
8. Enter TCSs for individuals who have been
trained within two business days of completion;
9. Contact DTE immediately by phone or email
upon entering incorrect information that affects the results of
training/testing into DRIVES;
10.
Do not enter false or inaccurate TCSs;
11. Attach only Department approved DR forms
to the TCS.
E. Entering
information that represents that training/testing has been successfully
completed, when a student has not successfully completed the testing/training,
may result in suspension or revocation of the employee's certification, and the
certification of the CCDS employing the Certified Employee may be suspended or
revoked.
F. The Department may deny
certification of an individual or revoke certification of a Certified Employee
if they have been convicted of a felony or any offense involving moral
turpitude. Conviction includes a plea of guilty or nolo contendere or a
deferred sentence, provided that a person shall not be deemed to have been
convicted if the person has successfully completed a deferred sentence. In
determining whether to deny or revoke a certification, the Department will
consider the factors contained in section
24-5-101(4),
C.R.S.
G. A Certified Employee may
not have a personal driving record showing the accumulation of eight or more
points in the preceding three years. The Department will randomly audit motor
vehicle records (MVR) of all Certified Employees. If an employee has
accumulated eight or more points within the preceding three years, the
employee's certification for BTW and BOSD may be suspended or
revoked.
H. A CCDS must:
1. Have a valid organization number on file
with the Department;
2. Have a
corresponding TCS and a supporting DR testing/training form for every entry
into DRIVES;
3. Submit a new CBI
background check (out of state Internet organizations excluded) for each
Certified Employee upon renewal;
4.
Submit a typed DR 2066 New CCDS Employee Request form within 10 days of hiring
a new employee listing the certifications requested (excluding BOSD) for the
Certified Employee and the result of the CBI background check;
5. Ensure that training/testing forms are
fully and accurately completed prior to entering the information into
DRIVES;
6. Ensure that information
is accurately entered into DRIVES by its Certified Employees. Any incorrect
information entered into DRIVES that affects the result of training/testing
must be reported to the Department immediately;
7. Ensure that if a TCS is reversed or
entered multiple times, all TCSs are attached to the corresponding supporting
documentation;
8. Ensure that
entries into DRIVES are not made prior to the completion of
training/testing;
9. Ensure that
only the TCS is stapled to the Department approved supporting documentation and
that the TPE is provided to the applicant;
10. Ensure that training/testing times
reported by the CCDS do not overlap with classroom, BTW, and Drive
testing;
11. Ensure that every
entry into DRIVES has a corresponding TCS and its Department approved
supporting documentation; and
12.
Ensure that all testing/training entries into DRIVES are associated with the
applicant's Customer Identifier Number or pre-registration confirmation
number.
I. A CCDS must
notify the Department of the location of all branch offices. Branch opening
notices must include copies of the business license(s). Written notice must be
provided to the Department within three business days of opening or closing any
branch office, and the notice must include the names of all Certified Employees
to be added or deleted from the CCDS's certification and the date the branch
office was opened or closed. A branch office is required to meet all classroom
and physical facilities requirements applicable to the main facility. All
branch offices must be approved by the Department before teaching may
begin.
J. A CCDS must maintain on
file with the Department current physical and mailing addresses, contact phone
numbers, and the name of one contact person who is an employee or principal of
the CCDS.
K. The CCDS must ensure
that nothing marks or covers the TCS barcode and ensure that the barcode is
readable by a barcode scanner.
L. A
CCDS must notify the Department in writing within three business days of
locking an employee out of DRIVES and the date that a Certified Employee is no
longer employed by the CCDS. A CCDS must lock out an employee within one week
if they know the employee will not be using DRIVES for over one
month.
M. A CCDS must ensure that
an applicant's permit is validated in DRIVES before any BTW or BOSD
training/testing session.
(301)
BEHIND-THE-WHEEL TRAINING
A. Class R vehicles used by a CCDS for BTW
training must:
1. Be equipped as required in
section 42-2-602, C.R.S.;
2. Be registered and insured as required in
article 3 of title 42 and article 4 of title 10;
3. Be available for inspection and audit, and
if found to be out of compliance with requirements, the vehicle cannot be used
for BTW and/or BOSD until such time as requirements are met; and
4. All vehicles must be inspected and
certified by the Department prior to use.
B. All BTW lessons must be in vehicles
owned/leased by the CCDS. BTW training must not be conducted in a student's or
instructor's private vehicle.
C.
Appointment times must not be used as actual start and finish times for BTW
training. BTW training must be recorded on a DR 2070 Student Drive Time Log,
which must be attached to the BTW TCS.
D. For a CCDS to become certified to teach
BTW, a CCDS must submit a BTW curriculum in a lesson plan format to the
Department for approval.
(302)
CERTIFIED COMMERCIAL DRIVING
SCHOOLS OFFERING INTERNET PROGRAMS
A.
CCDSs offering internet programs must use the name under which they are
registered with the Colorado Secretary of State in any advertising in
Colorado.
B. The curriculum of
CCDSs offering internet programs must equal or exceed the current minimum
standards of the Department and be approved by the Department prior to being
sold in the State of Colorado.
C.
All CCDSs offering only internet programs must enter into a contract with the
Department and be certified as a CCDS and are not eligible to be certified as a
BOSTO or a BOST Tester.
D. All
CCDSs offering internet programs must maintain an office or storage facility in
Colorado containing student files available for audits. Copies of TCSs must be
stapled in the upper left corner to an attendance record showing at least 30
hours of participation, all quiz and test scores, and the name and date of
birth of the student. The form of the attendance record must be approved by the
Department prior to use and must be maintained with the student
files.
E. If a CCDS contracts with
another CCDS to sell the other CCDS's online product, then the selling CCDS
must submit a copy of the contract to the Department within 10 days of the date
on which the contract was fully executed.
F. Each CCDS must provide the DTE manager and
auditor a username and password that will allow random audits of student
records, test scores, curriculum, and security protocols.
G. All internet material must contain an
explanation of current Colorado laws including:
1. Minor permit issuance;
2. BTW requirements; and
3. Requirements for licensure.
H. Internet programs will be
monitored to ensure applicants had the opportunity to review the curriculum for
the required number of hours prior to issuance of a TPE.
I. Each internet module/section must have a
question embedded in it that does not allow progression if a student does not
correctly answer the embedded question.
J. After two failed attempts to pass a
test/quiz, students must review previous material.
K. A final test must be administered prior to
entering a TCS. Test questions must come from a pool of questions that are
scrambled each time a student takes a test or quiz.
L. Students must be shown the correct answers
to each question they missed on tests and quizzes prior to
re-testing.
M. Students must
receive a correct quiz/test score of at least 80% or higher for each
module/section before being allowed to go to the next module/section, and
students must receive a final test score of 80% or higher before being issued a
TPE.
(303)
EDAP/DAP
PROGRAMS
A. All entities that teach the
EDAP/DAP for the purpose of qualifying students for a Colorado minor's
instruction permit must be a CCDS and, except as otherwise provided in
subsection 201(b) of this rule, meet CCDS curriculum and statutory
requirements.
B. DAP must be
approved through the National Safety Council and remain in good standing with
the NSC rules, regulations, and teaching standards, and must be provided by a
CCDS and meet CCDS curriculum and statutory requirements.
C. Students must be 15 years and 6 months of
age before completing an approved EDAP/DAP.
(304)
ADVERTISING
A. Advertisements and CCDS employees must not
state or imply that a CCDS can issue, or guarantee the issuance of, a Colorado
driver license or permit.
B.
Advertisements and CCDS employees must not state or imply that a CCDS, or the
employee, has influence over the Department in the issuance of a Colorado
driver license or permit.
C. No
CCDS, BOST Tester, BOSTO or CCDS employee or agent is permitted to solicit or
advertise on the premises of a Colorado driver license office.
D. Use of the Colorado State seal/logo by a
CCDS is strictly prohibited.
E.
CCDSs must not advertise a business practice that violates any Colorado Revised
Statute or rule, or regulation.
(305)
CONTRACTS
A. All contracts for driver education between
a CCDS and any individual or entity must contain, at a minimum, the following:
1. CLASSROOM INSTRUCTION: package rate, the
available dates, or the website where dates can be found, times and length of
each lesson, and the total number of hours of instruction;
2. INTERNET INSTRUCTION: mandated completion
date if any, the total cost, and a telephone contact number and the times
technical and/or informational help is available;
3. BEHIND-THE-WHEEL LABORATORY: package rate,
the length of each lesson, the total number of hours, and the rate for any
vehicle charges. Cancellation or rescheduling policies must be included.
Contracts must extend for at least 12 months from the date of permit
issuance.
B. All
contracts for driver education and testing must contain:
1. A statement that reads: "This agreement
constitutes the entire contract between the school and the student, and any
verbal assurances or promises not contained herein are not binding on either
the school or the student.";
2. A
statement that reads: "Under this agreement an instructor may not provide
behind-the-wheel training to more than two individual students per session.";
and
3. A copy of CCDS/parent
contracts used for driver education and testing must be provided to the
Department in digital format.
(400)
BOSTO AND BOST
CERTIFICATION
A. A CCDS that is listed
as a full-time school (teaches the required 30 hour curriculum and offers BTW
instruction for at least 20 hours per week) with the Department may apply for
certification as a BOSTO. Testing must be equal to the training and examination
offered by the Department. Section
42-2-111(1) (b),
C.R.S.
B. Before applying for BOSTO
certification, a CCDS must issue 30 student classroom TCS Statements and 30
six-hour BTW TPE Statements for students under the age of 18.
C. BOSTO certifications must be renewed
annually before the current certification expires.
D. To renew a BOSTO certification, a CCDS
must demonstrate that it has provided 30 hours of classroom training in driver
education for at least 50 students and six-hours BTW completion for 25 students
under the age of 18 for the preceding Fiscal Year. The Department will not
renew the BOSTO written and drive testing privileges of a CCDS until it meets
such requirements.
E. Owning or
operating a CCDS does not confer certification to administer the BOSW or BOSD
for the State of Colorado. BOSW or BOSD can only be administered by a CCDS
certified as BOSTO by the Department.
F. Requests for training and certification as
a BOST Tester:
1. Must be submitted by
completing a typed DR 2068 BOST/RST/Continuing Education Training Registration
Form.
G. All TCSs must be
kept by the CCDS in a secure location and remain under the control of the
CCDS.
H. Upon successful completion
of the driving skills tester training course by a Certified Employee, and a
CCDS having met all additional company training and Department requirements,
the Department may certify a CCDS as a BOSTO and a CCDS's employee as a BOST
Tester.
I. A CCDS must have at
least one employee certified as a BOST Tester to maintain BOSTO
certification.
J. In the event the
BOSTO certification for a CCDS is not renewed, or is revoked or suspended, all
individual BOST Tester certifications for that BOSTO will be
canceled.
K. A CCDS may request
their BOSTO certification or the BOST Tester certification of any employee be
canceled by notifying the Department in writing. Cancellation of a
certification does not nullify any of the terms of the contract between the
CCDS and the Department.
L. CCDSs
must ensure that all their BOST Testers continue to meet the training and
qualification standards required to conduct BOST tests. Failure of a tester to
attend scheduled training may result in suspension of testing
privileges.
M. CCDSs must ensure
that each BOST Tester they employ follows the Department's standards for
administering BOSTs.
N. Written
knowledge and driving skill tests administered by a BOST Tester must be equal
to the training and examination conducted by the Department. Section
42-2-111(1)(b),
C.R.S.
O. A BOSTO may be suspended
from administering a BOSD, BOSW or both.
P. A BOST Tester may be employed by more than
one CCDS certified as a BOSTO. A BOST Tester employed by more than one CCDS
certified as a BOSTO will be issued a separate tester number for each CCDS
employing the BOST Tester. A BOST Tester certification is valid only while the
BOST Tester is employed by the CCDS listed on the certificate.
Q. The Department reserves the right to
retest any student/applicant if an audit indicates that the test was not
properly administered, or not administered at all.
R. A BOST Tester must use only their own
login and password to access DRIVES.
S. A BOST Tester must not authorize any
person to use his/her login or password.
T. A BOST Tester must refer the following
applicants to a Colorado driver license office:
1. An applicant requesting a required skills
test upon completion of a rehabilitation program;
2. An applicant requesting a DR 2252WE or DR
2252SP Driver's License Written Examination after four failed
attempts;
3. An applicant with a
valid license that does not have a letter from the Department requiring a
test;
4. An applicant whose permit
or license is not valid;
5. An
applicant unable to produce a photo ID.
(401)
THE BOSD (Basic Operator Skills
Drive Test)
A. BOSD routes must be
approved in writing by the Department prior to certification of a CCDS as a
BOSTO. BOST Testers must administer the BOSD only on routes approved by the
Department for the BOSTO employing the BOST Tester. BOSTOs must request and
receive approval from the Department in writing for any changes to an approved
drive route prior to administering a BOSD.
B. A BOSTO that has multiple physical
teaching locations must request approval for each route prior to testing.
Testing on an approved test route must begin from an approved teaching location
that offers at least 20 hours of BTW per week and a 30-hour curriculum class or
by a BOSTO using an approved satellite testing location that may not be within
30 miles of any other BOSTO.
C. Two
approved BOSD routes are required from each approved teaching
location.
D. BOSTOs are required to
maintain copies of approved drive routes in their files in the Department
approved format.
E. BOST testers
must use all routes on an equal basis. Any testing on a route not previously
approved may result in suspension or revocation of the BOSTO and/or BOST
Tester's certification.
F. Using
approved testing routes as a "pre-test" or during BTW as a practice test for
students or teaching to the test may result in suspension or revocation of a
BOST Tester's certification.
G.
Only BOST Testers may administer the BOSD and sign the DR 2732 Basic Operator
Driving Skill Test score sheet confirming test completion.
H. BOST Testers must complete all testing
forms accurately and completely.
I.
The BOSTO must ensure that BOST Testers complete all testing forms accurately
and ensure information is entered into DRIVES accurately.
J. A Certified Employee entering test results
to produce a TCS constitutes a representation by the Certified Employee that
the applicant whose name is on the TCS took the BOSD.
K. BOSTOs must hold the State harmless from
liability resulting from a BOST Tester's administration of the BOSD.
L. Prior to administering any BOSD, the BOST
Tester administering the test must ensure applicants have a valid driving
permit or license (with a letter from the Department requiring a test) in their
immediate possession and the BOST Tester must validate the permit in
DRIVES.
M. A road test is not
allowed if an applicant does not meet statutory licensing requirements. Testing
an applicant before they meet the statutory requirements and/or postdating a DR
2732 Basic Operator Driving Skill Test score sheet is grounds for suspension or
revocation of BOST Tester's certification.
N. BOST Testers must verify that any Class R
vehicle used for testing:
1. Is properly
registered and insured. Both the insurance and the registration cards must be
in the vehicle and match the vehicle identification numbers; insurance
verification can be digital;
2. Has
both front and rear license plates attached to the outside of the vehicle; or
temporary tags must be visible from the back of the vehicle;
3. Has passed a safety inspection by the BOST
Tester to ensure all necessary equipment is in safe operating order, and that
the vehicle meets all applicable Colorado Revised Statutes for operation on a
public roadway;
4. Is inspected for
compliance with this subsection prior to every BOSD, regardless of who owns the
vehicle; and
5. Is either
registered to the BOSTO as a training vehicle for BTW training or a vehicle
provided by the applicant.
O. Prior to administering a BOSD, a Certified
Employee must complete the information section of the DR 2732 Basic Operator
Driving Skill Test score sheet including the date of the test, the name of the
applicant, the vehicle, the organization, the tester information, and the BOST
Tester, after the instructions have been read verbatim, fill in the start time
on the score sheet. Once the car has been secured at the end of the BOSD, the
finish time and applicant's score must be written on the score sheet, even if
the applicant has failed the test. No alterations can be made to the DR 2732
after the BOSD has been completed.
P. Applicants and BOST Testers are prohibited
from smoking/vaping, drinking, or eating during a BOSD. All electronic devices
and cell phones must be silenced during the test.
Q. BOST Testers must conduct a full BOSD in
accordance with Colorado Revised Statutes, rules, contract, and BOST Standards.
All tests must be recorded on DR 2732 Basic Operator Driving Skill Test score
sheet provided by the Department.
R. BOSDs must be done during daylight hours.
For purposes of this rule, daylight hours mean the period between one-half hour
before sunrise and one-half hour after sunset.
S. After a BOSD is completed, the BOST Tester
must immediately critique the applicant's performance on the test, in a
location outside of the vehicle. If the applicant is a minor, the critique must
be done in the presence of the parent/guardian if the parent/guardian is
present.
T. Upon successful
completion of a BOSD, a Certified Employee must immediately enter information
into DRIVES and provide the applicant with the TPE. The Certified Employee must
staple the TCS to the upper left of the DR 2732 Basic Operator Driving Skill
Test score sheet.
U. BOST Testers
must note all failures on an applicant's DR 2732 Basic Operator Driving Skill
Test score sheet and ensure all failures are entered into DRIVES immediately
after the test is completed.
V. An
applicant under 18 years of age holding an out of state instruction permit may
take one BOSD with a BOSTO on the permit if the minor has met the statutory
requirements. An applicant 18 years of age or older with an out of state
instruction permit cannot be tested by a BOST Tester.
W. A BOST Tester must not administer more
than one complete BOSD per day to any applicant. Giving an applicant more than
one BOSD per day may result in suspension of the tester's
certification.
X. No passengers,
pets (service dogs excluded), or interpreters may be in a vehicle during BOSD.
Occupants in a vehicle during a BOSD are limited to the applicant and the
tester, with the following exceptions:
1. A
Department representative may be in the vehicle when an audit is being
performed for quality assurance purposes; or
2. Another BOST Tester may be in the vehicle
for training and evaluation purposes if prior notification was given to the
Department.
Y. The TPE is
valid for 180 days from the date of issue.
(402)
THE BOSW (Basic Operator Skills
Written Knowledge Test)
A. BOST Testers
administering the BOSW must ensure the TPE is issued to the applicant upon
completion of the BOSW.
B. BOST
Testers administering the DR 2252WE or DR 2252SP Driver's License Written
Examination:
1. Must administer BOSW only at a
business location pre-approved by the Department;
2. Must ensure that applicants do not access
any unauthorized assistance, including but not limited to, written material,
cell phones, or electronic devices, or communicate with any unauthorized person
while testing;
3. Must require
applicants to write their first and last name(s), date of birth, and the date
of the BOSW in the information box provided on the BOSW, and interpreters,
including BOST Testers acting as an interpreter, must write their first and
last name(s) and driver license number on the back of the BOSW. The BOSW Tester
administering the BOSW must print and sign certifying they have proctored the
test;
4. Must require a correct
score of 80% or higher to pass;
5.
Must grade correctly using the score key when grading a DR 2252WE or DR 2252SP
Driver's License Written Examination;
6. Must use a red pen unless the BOSW is
graded electronically;
7. May
provide up to four DR 2252WE or DR 2252SP Driver's License Written Examinations
per applicant in total including written examinations taken at other CCDSs. An
applicant may not take more than two tests per day, regardless of whether it is
at one location or separate locations. If an applicant fails four DR 2252WE or
DR 2252 SP tests, regardless of when or at which locations the DR 2252WE or DR
2252SP tests are completed, all subsequent paper DR 2252WE or DR 2252SP
Driver's License Written Examinations must be taken at a Department driver
license office. The four-test limit does not apply to electronically completed
BOSWs;
8. Must ensure that if an
applicant fails the first BOSW with the BOSTO, then all subsequent BOSWs must
be a different version. If an applicant misses more than 50% of the questions
on a first test attempt, the applicant must wait until the next day to test
again; and
9. Must ensure every
BOSW result is entered into DRIVES immediately regardless of pass or fail upon
completion of the BOSW.
C. Applicants may use an interpreter for the
BOSW.
D. An interpreter must be at
least 16 years old and show an unexpired driver license from any state in the
United States.
E. The BOST Tester
or other interpreter can interpret in the required language and can only
interpret the questions and answer choices.
F. The BOSW must not be given to any
applicant under the age of 14 years and 11 months.
G. BOSWs must not be used as "class final
exam", "practice" or "pre" tests.
H. BOSWs may not be copied outside the
physical facilities unless the BOSWs remain under the direct supervision and
control of a BOSTO.
I. Test results
must not be partially or fully entered until after a student has completed the
BOSW.
J. BOST Testers administering
the BOSW must periodically check with the Department to confirm they have the
most current version of tests/keys.
K. BOSWs must be administered by a BOST
Tester with a BOSW certification.
L. The BOST Tester whose name, signature and
tester number are on the back of the DR 2252WE or DR 2252SP Driver's License
Written Examination must accurately grade the BOSW.
M. The TPE is valid for 180 days from the
date of issue.
(403)
BOST TESTER REQUIREMENTS
A. The
Department will not renew the certification of BOST Tester who has not
administered a minimum of 24 BOSDs each Fiscal Year.
1. A BOST Tester who does not meet this
minimum requirement prior to July 1st may be renewed if he/she successfully
completes a one-day continuing education within the first six months of the
next Fiscal Year.
2. A BOST Tester
who fails to successfully complete the continuing education within the first
six months of the next Fiscal Year must successfully complete a two-day
continuing education as a condition of renewal.
B. Failure to complete the minimum number of
BOSDs will result in suspension of a tester's certification until successful
completion of the required continuing education.
C. All BOST Testers must possess and maintain
a valid unrestricted State of Colorado driver license prior to certification
and be at least 21 years of age.
D.
BOST Testers must recertify their BOSD certification with the Department every
two calendar years. Failure to attend a Department continuing education class
or recertifying event within a two-year period may result in suspension of a
tester's certification until continuing education has been successfully
completed.
E. BOST Testers cannot
administer any BOST to a member of their immediate family. "Immediate family"
is defined at section
42-1-102 (43.5), C.R.S.
F. A potential BOSD Tester:
1. Must complete and pass the BOST training
class;
2. Must provide evidence of
four shadow drives on each route the tester will be using for BOSDs accompanied
by a typed DR 2069 Shadow Cover Page (all within three errors as documented by
another BOST Tester); and
3. Must
complete all Shadow Drives within six weeks of passing the BOST training class
unless granted an extension under special circumstances.
G. To be eligible for a BOST class, a
potential BOSD Tester must have conducted at least 24 hours of BTW training or
been employed by a BOSTO for at least one year.
H. Applicants failing the BOSD with a BOST
Tester must be re-tested by a different BOST Tester (the Department may waive
this requirement upon request if the Department determines that this would be a
hardship).
I. BOST Testers will be
evaluated on their ability to meet Department grading standards for BOSDs. The
evaluation may be conducted during an actual BOSD or a BOSD with a Department
representative as the driver. BOST Testers must follow Department procedures,
meet Department standards, and must pass the evaluation with a score of 80% or
higher. Failure to pass the evaluation will be grounds for the Department to
require additional continuing education and/or suspension of the BOST Tester
certification.
J. The Department
may deny certification of an individual or revoke certification of a Certified
Employee if they have been convicted of a felony, or any offense involving
moral turpitude. Conviction includes a plea of guilty or nolo contendere or a
deferred sentence, provided that a person shall not be deemed to have been
convicted if the person has successfully completed a deferred sentence. In
determining whether to deny or revoke a certification, the Department will
consider the factors contained in section
24-5-101(4),
C.R.S.
(500)
RECORDKEEPING AND REPORTING
A.
CCDSs and BOSTOs must use only the most current version of Department forms and
must account for all TCS, testing, and training forms.
B. Audited records must be stored securely
for a period of three years. Records include all contracts, records of student
enrollment, DR 2045 Attendance Records, DR 2046 Attendance Records, and DR 2052
Attendance Records, DR 2070 Student Drive Time Logs, DR 2252WE and DR 2252SP
Driver's License Written Examinations, DR 2732 Basic Operator Driving Skill
Test score sheets, progress reports, student TCSs, and control numbered forms
previously issued by the Department.
C. Student/parent contracts, progress reports
and student enrollment records may be stored electronically after they have
been audited.
D. After three years
all testing records must be shredded.
E. All required testing information must be
entered into DRIVES immediately, including passed and failed
examinations.
F. Training
information (including driver education, EDAP/DAP, and BTW) must be entered
into DRIVES within two business days of the student's completion.
G. All TCSs must be maintained in
chronological (date) order by submitted date and separated by exam
type.
H. CCDSs, BOSTOs, and
Certified Employees are responsible for securing all blank training/testing
forms, all TCSs, and passwords/logins associated with DRIVES.
I. Post-dating, pre-dating, pre-filling, or
partial completion of any testing/training form is not allowed.
J. The CCDS is responsible for
inaccurate/missing entries into DRIVES.
(600)
AUDITING
A. CCDSs must allow the Department to observe
classroom instruction and BTW training.
B. CCDSs are required to allow onsite
inspections, examinations, and audits by a Department representative without
prior notice in order to:
1. Review all
required documentation, including, but not limited to, all TCSs, DR 2045
Attendance Records, DR 2046 Attendance Records, and DR 2052 Attendance Records,
DR 2070 Student Drive Time Logs, DR 2252WE and DR 2252SP Driver's License
Written Examinations and DR 2732 Basic Operator Driving Skill Test score
sheets;
2. Observe classroom
instruction;
3. Observe BTW
instruction;
4. Inspect Class R
vehicles;
5. Observe and score live
road testing by a BOST Tester and compare pass/fail scores;
6. Test the skills of BOST Testers who
administer the BOSD; and
7. Observe
administration of the BOSW.
C. A CCDS must surrender all required
documentation to the Department upon request. The CCDS may make copies and
retain copies of such documentation.
D. Audits may be conducted at the CCDS's or
BOSTO's office, the Department, or at another location as determined by
DTE.
E. To assure that CCDSs and
BOSTOs continue to meet the standards established by the Department, a
Department representative will conduct on-site inspections, examinations, and
audits as often as the Department deems necessary and without prior notice, to
review all required documentation, including but not limited to, contracts,
student enrollment and progress records, DR 2045 Attendance Records, DR 2046
Attendance Records, and DR 2052 Attendance Records, DR 2070 Student Drive Time
Logs, student completion records, classroom facilities, vehicles, and DR
2252WE, DR 2252SP Driver's License Written Examinations, and DR 2732 Basic
Operator Driving Skill Test score sheets. Records will be checked for accuracy
and completeness, including, but not limited to, missing TCSs and, in the case
of TCSs, for chronological filing sequence by submitted date.
F. During Department audits, CCDSs and BOSTOs
must cooperate with the Department, allow access to testing areas and routes,
and supply student names and testing records, results, and any other regulated
items as requested by the Department.
G. CCDS records must be accessible during the
CCDS's normal business hours and made available to a Department representative
upon request.
H. A CCDS must
provide a TCS for each DRIVES entry with attached testing/training forms
immediately if requested by the Department.
I. A CCDS must sign and return any audit
report within ten days of receipt.
(700)
CERTIFICATION RENEWAL
A. CCDS and Certified Employee certifications
must be renewed annually on or before June 30th.
B. CCDS contracts with the Department are
subject to annual renewal.
C.
Renewal applications are due on June 1st of each calendar year. Failure to
submit a sufficient application on or before June 1st may result in a CCDS's or
BOSTO's or BOST Tester's certification not being renewed, and the Department
will not honor exams entered into DRIVES by the CCDS, BOSTO, or BOST Tester on
or after July 1st.
D. Renewal
applications must include a breakdown of the price of each package offered by
the CCDS or BOSTO.
(800)
SUSPENSION/ REVOCATION/ CESSATION OF BUSINESS
A. After a notice and hearing pursuant to the
State Administrative Procedure Act [sections
24-4-101, et. seq., C.R.S.], a
certification(s) may be suspended or revoked for violations of any applicable
Colorado Revised Statute, Rule, Regulation, contract obligation, including but
not limited to any of the following:
1.
Failure to return all copies of written knowledge tests and keys,
certifications, and any testing/training documents within ten days of cessation
of business;
2. Failure to
immediately enter testing results into DRIVES;
3. Failure to enter training results into
DRIVES within two business days of completion;
4. Failing to comply with the vehicle
registration, insurance, surety bond, and equipment requirements of BTW
Training;
5. Refusing to be
audited;
6. Failure to address
and/or correct deficiencies found in a previous audit or failing two or more
audits. The Department's failure to take action based on an audit does not
waive the Department's authority to take action later based on that
audit;
7. Supplying false
information to the Department, or fraudulent testing or the fraudulent use of
testing/training forms and/or TCSs;
8. Omitting any test requirement from a BOSW
or BOSD;
9. Participation in any
illegal activity related to driver licensing; and
10. Incorrectly entering a test as a pass
when it should have been a fail or entering a fail when it should have been a
pass.
B. Any information
obtained by the Department concerning illegal or fraudulent activity
concerning, but not limited to written knowledge or driving skills testing,
will be referred to the appropriate law enforcement authority.
C. If an applicant's testing was improper,
illegal, or fraudulent, the applicant's driver license or instruction permit
may be canceled.
D. Where the
Department has objective and reasonable grounds to believe and finds, upon a
full investigation, that a CCDS, BOSTO, or BOST Tester has been guilty of
deliberate and willful violation, or that the public health, safety, or welfare
imperatively requires emergency action, and incorporates the findings in its
order, it may summarily suspend the certification of the CCDS, BOSTO, or BOST
Tester pending proceedings for suspension or revocation which shall be promptly
instituted and determined. For purposes of this subsection, "full
investigation" means a reasonable ascertainment of the underlying facts on
which the Department action is based.
1. Upon
receipt of a summary suspension, a CCDS, BOSTO or BOST Tester must immediately
cease all testing as directed. The Department will promptly institute
proceedings for suspension or revocation pursuant to the Administrative
Procedure Act.
E. Written
complaints about a CCDS, BOSTO, or BOST Tester received by the Department may
result in an investigation through the Department or the Motor Vehicle
Investigative Unit.
F. If a CCDS is
found to be in violation of the terms of its contract with the Department, then
the contract between the Department and the CCDS may be
terminated.
(950)
INCORPORATION BY REFERENCE
A. The materials in
this Rule incorporated by reference do not include later amendments to or
editions of the materials. The materials incorporated in this Rule are on file
and available for inspection by contacting the Driver License Section of the
Department of Revenue in person at, 1881 Pierce Street, Room 128, Lakewood,
Colorado, 80214, or by telephone at 303-205-5600, and copies of the materials
may be examined at any state publication depository library.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.