REQUIREMENTS FOR PILOT ESCORT QUALIFIED TRAINING AND CERTIFICATION PROGRAMS

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1.0 Statement of Basis, Purpose & Statutory Authority

1.1 Basis and Purpose for Rule

A Notice of Rulemaking was submitted to the Colorado Secretary of State on February 13, 2007 and

published in the Colorado Register on March 10, 2007. The current Rulemaking was initiated to establish

standards and procedures for third-party instructors to train and certify Colorado pilot escort drivers for

and on behalf of the Colorado Department of Transportation. The third party instructors will teach course

curriculum to comply with guidelines published and promoted by the Commercial Vehicle Safety Alliance,

the US DOT Federal Highway Administration, and the Specialized Carriers & Rigging Association in its

“Pilot Car Escort Best Practices Guidelines.” The Guidelines were published by the US DOT Federal

Highway Administration in October 2004 as publication “FWHA-HOP-04-028” and endorsed by the

Western Association of State Highway Transportation Officials Committee on Highway Transport for its

member states to adopt.

1.2 Statutory Authority

Specific statutory authority for the Colorado Transportation Commission to adopt and promulgate Rules

and Regulations pertaining to Transport Permits for the operation or movement of Extra-Legal Vehicles or

Loads, is contained in § §42-4-510 (1)(b) and 511 (1), C.R.S. Various permits issued under the law

require restrictions or conditions for movement which include using Pilot Escort vehicles to accompany

the movement of loads, in an effort to protect the health, safety and welfare of the traveling public.

Conditions for requirements prescribed by the Department are statutorily authorized under 42-4-510 (3),

C.R.S.

2.0 Definitions

2.1 “Applicant” means the person, entity or institution submitting documentation to the Department to

become a third-party pilot escort instructor.

2.2 "Department" means the Colorado Department of Transportation

the health, safety and welfare of the traveling public.

Conditions for requirements prescribed by the Department are statutorily authorized under 42-4-510 (3),

C.R.S.

2.0 Definitions

2.1 “Applicant” means the person, entity or institution submitting documentation to the Department to

become a third-party pilot escort instructor.

2.2 "Department" means the Colorado Department of Transportation.

2.3 "Permit Office" means the Extra-Legal Permit Office, in the Staff Maintenance & Operations Branch,

Colorado Department of Transportation.

2.4 “Pilot Escort Certification Program” means the training curriculum authorized by the Department and

presented by a Third Party Instructor or the Department.

2.5 “Student” means the individual person who registers for and attends a Pilot Escort Certification

Program.

2.6 “Third Party Instructor” means the entity or person authorized by the Department to conduct the Pilot

Escort Certification Program and certify students as certified Colorado Pilot Escort operators.

Code of Colorado Regulations

Secretary of State

State of Colorado

3.0 Application Process

3.1 Application to become a Third-Party Instructor shall be made in writing on forms furnished by the

Department, and shall include all required information about the Applicant. Incomplete

applications will be returned or denied by the Department.

3.2 The application submitted to the Department must include the following components.

3.2.1 A list of instructors shall be submitted which includes resumes of each instructor outlining

related experience in the pilot escort, heavy haul, academia, or commercial vehicle

enforcement fields.

3.2.2 Applicant, except for a sole proprietors, must submit a copy of Applicant's articles of

incorporation or other documentation showing whether the business is organized as an

LLC, LLP, LLLP or LPA. If the applicant is a governmental or quasi-governmental entity

no documentation is required under this subparagraph

pilot escort, heavy haul, academia, or commercial vehicle

enforcement fields.

3.2.2 Applicant, except for a sole proprietors, must submit a copy of Applicant's articles of

incorporation or other documentation showing whether the business is organized as an

LLC, LLP, LLLP or LPA. If the applicant is a governmental or quasi-governmental entity

no documentation is required under this subparagraph.

3.2.3 Applicant must submit a business plan describing how the Colorado classroom curriculum

will be delivered to students.. The plan must include a one-year schedule of class dates

and city locations that regionally serves students throughout the state.

3.2.4 Applicant must submit a sample of the digital image certification card that will be issued to

students upon successful completion of the coursework and examination. The card must

contain the student’s photograph and Department logo. Applicant must state whether the

certification card will be issued on the day the student completes prerequisite information,

classroom work, and passes the examination, or if it will be mailed within 3 business days

to the student upon completion of all prerequisite information, classroom work, and

passing of the examination.

3.2.5 Applicant must submit procedural guidelines that outline security measures implemented to

safeguard student's personal information.

3.2.6 Copies of all course curriculum and testing materials must be submitted. These materials

will be reviewed and approved by the Department to ensure that all requirements are

met. An overview of course curriculum requirements is outlined in part 4.0 of this rule.

3.2.7 Applicant must document procedures that will be followed to verify student's Motor Vehicle

Record (MVR) acceptability and the collection of insurance forms submitted by the

student at the time of examination

se materials

will be reviewed and approved by the Department to ensure that all requirements are

met. An overview of course curriculum requirements is outlined in part 4.0 of this rule.

3.2.7 Applicant must document procedures that will be followed to verify student's Motor Vehicle

Record (MVR) acceptability and the collection of insurance forms submitted by the

student at the time of examination.

3.2.7.1 Applicant must document process for notifying students either prior to class or

when they call in to sign up that they will need to bring the MVR and proof of

insurance with them to the class.

3.2.7.2 Applicant must document process for ensuring the students will not be certified

until all of this documentation is provided to the Applicant.

3.2.7.3 Applicant must submit a written statement that Applicant shall only accept an

original MVR certification record that is current within 30 days of classroom

instruction and proof of insurance from an insurance provider in the amount and

terms specified in Chapter 5 section D. 4 of 2 CCR 601-4, “Rules and

Regulations pertaining to Transport Permits for the Movement of Extra-Legal

Vehicles or Loads.”

4.0 Pilot Escort Certification Program Curriculum Requirements

4.1 Course curriculums used to certify pilot escort drivers to operate in Colorado for a period of four years

must cover the topics outlined in this section 4.0. However, more extensive course curriculum

descriptions are outlined in the application package that can be obtained on the Department’s

website at www.dot.state.co.us/truckpermits/ or by contacting the Permit Office at (303) 757-

9539

4.1 Course curriculums used to certify pilot escort drivers to operate in Colorado for a period of four years

must cover the topics outlined in this section 4.0. However, more extensive course curriculum

descriptions are outlined in the application package that can be obtained on the Department’s

website at www.dot.state.co.us/truckpermits/ or by contacting the Permit Office at (303) 757-

9539.

4.2 The Pilot Escort Certification Program must discuss student liability requirements applicable to

piloting for an Extra-legal Vehicle or Load, responsibilities of the student when escorting an Extra-

legal Vehicle or Load, and Pilot Escort Vehicle procedures as described in Chapter 5 of 2 CCR

601-4, “Rules and Regulations pertaining to Transport Permits for the Movement of Extra-Legal

Vehicles or Loads.”

4.3 The Pilot Escort Certification Program must include requirements of applicable traffic laws, as

described in § 42-4-101 to § 42-4-1717, C.R.S., and in the Colorado Driver's Manual available

at each office of the Colorado Department of Motor Vehicles.

4.4 The Pilot Escort Certification Program must discuss the operator flagging and traffic control, as

described in the Manual on Uniform Traffic Control Devices ("M.U.T.C.D.") authorized under

§42-4-712, C.R.S.

4.5 Oversize Overweight load movement, coordination, planning and communication requirements and

best practices.

4.6 The Pilot Escort Certification Program must include pilot escort vehicle positioning and situational

training.

4.7 The Pilot Escort Certification Program must include Rail grade crossing safety.

4.8 The Pilot Escort Certification Program must include Routing techniques, including pre-trip surveys.

4.9 The Pilot Escort Certification Program must include Insurance coverage requirements and liability

issues.

5.0 Testing Materials and Procedures

5.1 Testing materials shall be submitted to the Permit Office for approval as part of application.

5.2 Testing materials should be structured to include a minimum of a 50 question exam

ram must include Routing techniques, including pre-trip surveys.

4.9 The Pilot Escort Certification Program must include Insurance coverage requirements and liability

issues.

5.0 Testing Materials and Procedures

5.1 Testing materials shall be submitted to the Permit Office for approval as part of application.

5.2 Testing materials should be structured to include a minimum of a 50 question exam.

5.3 A minimum of two different examinations shall be submitted and used randomly during the instruction

of the course.

5.4 Examinations shall be structured as follows:

5.4.1 Not less than 15 fill in the blank;

5.4.2 Not less than 15 Multiple choice;

5.4.3 Not less than 15 True/False;

5.4.4 Not less than 8 questions dealing with safety equipment;

5.4.5 Not less than 8 questions dealing with the duties of pilot escort drivers;

5.4.6 Not less than 6 questions dealing maintenance of equipment;

5.4.7 Not less than 6 questions dealing with items that must be collected in a route survey.

5.5 Testing materials must demonstrate an explanation of how grading of examinations will be

administered.

5.6 Applicants must provide an acknowledgement that students must pass with an 80% score to be

certified. Students who do not pass with an 80% score must be allowed to retake the

examination on the same day for no additional cost.

5.7 Applicants must provide a written statement that students receiving less than 80% score will be

allowed to attend one additional class without additional cost except for reimbursement of any

additional materials and postage costs.

5.8 Applicants must provide the Department with a list of students that attended the course and the

corresponding grade received, within five business days of the completion of the course. The list

of students and grades must be sent to the Department in an electronic file format prescribed by

the Department in the application packet

r reimbursement of any

additional materials and postage costs.

5.8 Applicants must provide the Department with a list of students that attended the course and the

corresponding grade received, within five business days of the completion of the course. The list

of students and grades must be sent to the Department in an electronic file format prescribed by

the Department in the application packet.

6.0 Student Recertification Procedures

6.1 Applicant shall provide means in which a student who has been previously certified under this rule in

Colorado as a Pilot Escort driver to be recertified for one additional four-year period either by US

mail or in electronic format via the Internet by taking an examination without attending classroom

instruction for the recertification.

6.2 Applicant shall submit written procedures documenting the process for the proctoring of the

examination that will allow the student to recertify. The examination for recertification shall not be

a duplicate of the examination used during the initial certification process and should be

constructed to educate the student on updates pertaining to pilot certification and legal

requirements.

6.3 To be recertified a student must provide a current Motor Vehicle Record and proof of valid insurance

to the same standards as upon initial certification. Applicant must indicate what process will be

used to verify a student’s current Motor Vehicle Record and the collection of insurance forms

submitted by the student at the time of recertification.

6.4 Applicant shall submit written procedures documenting the process for allowing applicant's receiving

less than 80% score to be allowed to retake the certification exam one additional time without

attending a class. Applicant may not charge an additional fee to retake the examination one

additional time

the collection of insurance forms

submitted by the student at the time of recertification.

6.4 Applicant shall submit written procedures documenting the process for allowing applicant's receiving

less than 80% score to be allowed to retake the certification exam one additional time without

attending a class. Applicant may not charge an additional fee to retake the examination one

additional time.

6.5 Applicant shall submit written procedures documenting the process for allowing students receiving

less than 80% score to be allowed to attend one additional class without additional cost except for

reimbursement of any additional materials and postage costs.

6.6 It will be the responsibility of the Applicant to provide to the Department within five business days of

the date of recertification.a list of individuals who have applied for recertification along with the

corresponding grade.

6.7 A list of students who fail to recertify must be submitted quarterly in a separate file which lists the

student’s name, address, phone number, type of examination failed (written or on-line), date

failed, and score received.

7.0 Training Costs

7.1 Costs associated with providing classroom instruction, materials, testing and credentialing will be the

responsibility of the Applicant. These costs may be passed on to the students for certification in

the form of tuition determined by the Applicant based on Applicant’s business model and

expenses.

7.2 A cost proposal and a maximum course fee schedule must be submitted to the Department for

approval as part of the application process.

7.3 The Department has the right to review the tuition costs being charged to students for initial

certification or recertification at any time.

8.0 Suspension or Revocation of Pilot Escort Training Program

8.1 The Department may suspend or revoke the Applicant's ability to provide services if the Applicant

fails to meet conditions and requirements set forth under this rule

application process.

7.3 The Department has the right to review the tuition costs being charged to students for initial

certification or recertification at any time.

8.0 Suspension or Revocation of Pilot Escort Training Program

8.1 The Department may suspend or revoke the Applicant's ability to provide services if the Applicant

fails to meet conditions and requirements set forth under this rule. If an Applicant has its authority

to provide services revoked or suspended, the Applicant may appeal the decision.

9.0 Appeal Process

9.1 When an Applicant is denied or an Applicant's authority is revoked or suspended, the Applicant may

file an appeal. The appeal shall be directed in writing to the Chief Engineer of the Department at

Colorado Department of Transportation, 4201 East Arkansas Avenue, Denver, CO 80222. Any

hearing required by this Chapter shall be presided over by the Chief Engineer of the Department

or by an Administrative Law Judge appointed pursuant to Part 10 of Article 30 of Title 24, C.R.S.

If a hearing is held before an Administrative Law Judge and if either party is dissatisfied with the

initial decision of the administrative law judge, then an appeal may be made to the Chief

Engineer, pursuant to § 24-4-105 (14) and (15), C.R.S., within thirty days after the date of service

of the initial decision. The appeal shall comply with the requirements of § 24-4-105, C.R.S., and

shall specify the findings of fact and conclusions of law the dissatisfied party is appealing. A ruling

of the Chief Engineer shall be considered a final agency action under the Colorado Administrative

Procedures Act.

10.0 Review of the Pilot Escort Certification Program

10.1 The Department has the right to monitor classroom instruction, review all rates or fees,

procedures, and the certification process established by the applicant whenever the Department

deems it necessary to insure compliance with this rule.

10.2 A review of rates or fees charged students shall be conducted on an annual basis

edures Act.

10.0 Review of the Pilot Escort Certification Program

10.1 The Department has the right to monitor classroom instruction, review all rates or fees,

procedures, and the certification process established by the applicant whenever the Department

deems it necessary to insure compliance with this rule.

10.2 A review of rates or fees charged students shall be conducted on an annual basis.

11.0 Record Retention and Data Management Requirements

11.1 Authorized Applicant’s for Pilot Escort Certification Programs shall maintain the following

certification and recertification records for a period of seven years:

11.1.1 Student's name, company name (if any), business address, phone number and other

contact information.

11.1.2 Driver's license number, original MVR and original proof of insurance information from

insurance provider.

11.1.3 Copy of each student’s written exam or score.

11.1.4 Copy of certification card, including photo.

11.1.5 Training and expiration dates on all students.

11.1.6 All lists of recertification and expiration dates.

11.1.7 All lists of instructors, copy of their resumes and date of classroom instruction and/or

recertification dates providing services.

11.2 Records may be scanned and kept electronically provided applicant has necessary data backup

and retrieval procedures.

11.3 The Department has the right to review any records retained, during reasonable business hours,

whenever the Department deems it necessary to insure compliance with this rule.

11.4 The loss, mutilation or destruction of any records which an Applicant is required to maintain, must

be immediately reported by the applicant by affidavit stating:

11.4.1 The date such records were lost, mutilated, or destroyed; and

11.4.2 The circumstances involving how such loss occurred

onable business hours,

whenever the Department deems it necessary to insure compliance with this rule.

11.4 The loss, mutilation or destruction of any records which an Applicant is required to maintain, must

be immediately reported by the applicant by affidavit stating:

11.4.1 The date such records were lost, mutilated, or destroyed; and

11.4.2 The circumstances involving how such loss occurred.

11.5 Upon completion of each training course or recertification a list of each student shall be

electronically uploaded to the Permit Office or its authorized agent within five business days of

completion of course, as described in material sent to Applicants. Authorized Applicants will be

provided additional information regarding upload and data set requirements when such methods

change.

11.6 All records, including computerized records, must be provided to the Department when requested

for the purpose of an audit or review of the entities/institution's records. Failure to provide all

records as requested by the Department is a violation of this rule.

11.7 Applicant's shall maintain accurate, up to date records. Failure to do so is a violation of this rule.