Legislative auditor: DVS struggled to meet drivers' testing requirements

Lengthy waits for driver's license road tests and limited exam locations mean that the Minnesota Department of Vehicle Services is violating state law, according to a legislative auditor's report released Wednesday.

But despite shortcomings and a lack of staff, the Department of Vehicle Services (DVS) was able to clear a backlog of tests, according to the report.

The review was prompted after citizens and legislators criticized DVS for excessive wait times even before COVID-19 further stressed the system.

"Today's report reveals what so many moms and dads have known for months, Minnesota's driver examination system is fundamentally broken and has been horribly mismanaged," Rep. Jon Koznick, R-Lakeville, said in a statement. "While it is encouraging that DVS has streamlined systems and worked through a backlog of tests, there is still a lot more work to do including additional oversight of the program."

State law says DVS must provide a road test appointment to a qualified applicant within 14 days, but the law does not specify whether the appointment applies to openings anywhere in the state or just near an applicant's home. Over the past few years, many would-be drivers booked appointments many months out and drove hours to exam stations far from home.

Using the broadest definition of the law, the audit found nearly two-thirds of road tests for Class D licenses given between October 2018 and July 2020 were not administered within the 14-day period. In March 2020, average wait times for road tests ranged from nearly three weeks in northwestern Minnesota to about 14 weeks at stations in the north and east metro.

It is unknown how many test-takers did not accept the next available appointment and chose a later option.

"While the 14-day requirement has been difficult for DVS to meet, 14 days is not out of line with the reported wait times in some other states," the report said.

The auditor suggested that the Legislature clarify the statute and that DVS strive to meet the 14-day statutory requirement and track cases in which it does not.

The report applauded DVS for efforts to improve road test scheduling. DVS recently expanded the window of available appointments from six weeks to six months to provide more options, and test-takers can search for new openings without losing a previously scheduled appointment. DVS last year also dropped its practice of reserving slots for students from preferred driver education schools to provide more equity in the booking process, the report found.

But auditors also said access to knowledge and road tests might be more difficult with fewer exam stations open. Before COVID-19, the state operated 93 stations; in response to the pandemic, DVS consolidated operations to 15 across the state and subsequently opened 10 more. By staffing stations in more-populated areas, DVS said it was able to maximize resources and provide more than 81,500 road tests between June and October, catching up on tests canceled due to the pandemic and meeting typically high summer demand.

State law, however, requires exam stations to be offered in or adjacent to each of Minnesota's 87 counties. After consolidation, an applicant living in the northwestern Minnesota town of Hallock had to drive about 156 miles to the nearest open exam station in Bemidji. After some stations reopened this month, about 10% of counties remain underserved, the report said.

Auditors suggest DVS should reopen closed exam stations "to provide adequate coverage across the state."

Persistent staffing shortages have exacerbated problems, the report said. Last May, just as exam stations were reopening after a two-month shutdown, DVS estimated it needed 195 examiners to meet demand. It had 118 available positions and only 100 were filled, the report found. On top of that, it is taking much longer to fill vacancies than in the past. Staff absences due to COVID-19 between March and June of last year accounted for 21% of exam station employees' work hours.

Staff worked more than 1,800 hours of overtime between May and June to fill the voids. But overtime "is not sustainable in the long term," the report said.

To ease the load, DVS in October began allowing aspiring drivers to take knowledge tests at home with a parent, guardian or adult over 21 with a valid driver's license serving as a proctor. DVS-approved third-party administrators such as driving schools, school districts and deputy registrar offices were able to offer the tests. Auditors questioned whether DVS has the authority to allow knowledge tests to be legally taken at home and if state law intended that "entities" approved by the Department of Public Safety to give the tests include individual proctors.

"We recommend that the Legislature clarify this law," the auditors wrote.

In the 90-page report, auditors also presented arguments for and against ideas to improve test administration and road safety, including using third parties to administer road tests, charging fees for no-shows and raising the age for which driver education is required.

In a March 12 letter in response to the findings, Department of Public Safety Commissioner John Harrington said DVS appreciates the analysis that went into the legislative auditor's recommendations.

He said he is proud of the improvements DVS has made in scheduling and providing road tests and that the department would "measure and track data to better anticipate demand and maximize operational efficiencies statewide while always prioritizing our focus on safe drivers."

Tim Harlow • 612-673-7768