(1) The department may contract with and certify the following as a third-party commercial driver testing program to administer the approved commercial driver skills test to a Montana commercial driver's license applicant:
(a) any person, employer of commercial drivers, private driver training facility, or other private company;
(b) a postsecondary institution as defined in 20-26-603;
(c) a department, agency, or instrumentality of a local government of the state; or
(d) a department, agency, or instrumentality of a tribal government of the state.
(2) A certified third-party driver testing program shall administer the same skills test as would otherwise be administered by the department.
(3) The department may decertify a third-party commercial driver testing program for failure to comply with the department rules or federal regulations.
(4) The department may collect the following fees:
(a) a fee of $5,000 to certify a third-party commercial driver testing program and a fee of $2,500 for certification renewal;
(b) a fee of $500 to certify each third-party commercial driver examiner and a fee of $100 for certification renewal; and
(c) a fee of $25 for each successfully completed skills test to be paid by the applicant.
(5) (a) A commercial driver's license applicant who is tested under the third-party commercial driver testing program must have passed the knowledge test required by 61-5-110 and complied with commercial driver's license department rules and federal regulations and must possess a valid Montana commercial learner's permit.
(b) The road test or the skills test required by 61-5-110 may be waived by the department for a commercial driver's license applicant upon certification of the applicant's successful completion of the road test or the skills test by:
(i) a third-party commercial driver testing program certified under this section; or
(ii) a third-party commercial driver examiner from a jurisdiction that has a comparable third-party commercial driver testing program, as determined by the department.