Cal. Code Regs. tit. 13 § 25.15

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 25.15 - Record-Keeping Program

(a) The employer shall keep records of Employer Testing Program related information on training and testing provided to its certified employee drivers. The employer's records shall include the following:

(1) The employee's full name, address, and driver license number.

(2) The type of instruction the driver was given during training.

(3) The date(s) instruction was given.

(4) The subjects covered.

(5) The total hours of instruction.

(6) The training instructor's full name and address.

(7) A copy of the instructor's contract with the employer, if applicable.

(8) The results of any driving test conducted in conjunction with the training.

(9) The driving test Examiner's name and driver license number.

(10) Examiner's written contract with the employer.

(11) An Employer Testing Program Examiner Driver Testing Log (DL 819 ETP, Rev. 10/2017), which is hereby incorporated by reference, shall document the driving tests conducted, including both passed and failed driving tests. A copy of the Examiner's log shall document the current calendar year of certificate activity.

(12) A copy of the trip permit for any commercial vehicle with special equipment plates used in the driving test, valid for the date(s) of the test.

(13) All pass and fail driving test score sheets, the ETP CDL Pre-Trip Inspection Evaluation Score Sheet/ETP CDL Driving Performance Evaluation Score Sheet (DL 65 ETP, Rev. 4/03), which is hereby incorporated by reference, used for each employee who is tested for purposes of issuing a DL 170 ETP, pursuant to Section 25.22(d).

(14) A copy of each DL 170 ETP issued.

(15) Documentation of the department approved primary and alternate driving test routes on the DL 814 ETP, the DL 807 ETP, and route map(s) for each driving test route.

(b) The employer must keep training records, driving test score sheets, employment records, examiner drive test logs, and all other Employer Testing Program related records for the three most recent years of the employer's participation in the Employer Testing Program and for a minimum of three years after the employer number becomes invalid (i.e., expired, cancelled, revoked, or suspended), during each driver's three most recent years of employment, and three years after the driver is released from employment.

(c) The employer shall make available all Employer Testing Program related records pertaining to driver training, testing, and employment, for monitoring by the FMCSA, or its representatives, and the department during normal business hours at the record-keeping location identified on the employer's Application.

(d) At the department's request, the employer shall make records available which verify that:

(1) The Administrator and Authorized Representative are employees at the time of program activity.

(2) The drivers issued a DL 170 ETP are its employees at the time of driver training, testing, and certification.

(3) The Examiner is under written contract with the employer at the time of the driving test.

Cal. Code Regs. Tit. 13, § 25.15

1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. New subsections (a)(11)-(a)(11)(J), subsection renumbering and amendment of subsection (b) filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. New subsections (a)(11)-(a)(11)(J), subsection renumbering and amendment of subsection (b) refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. New subsections (a)(11)-(a)(11)(K), subsection renumbering, amendment of newly designated subsections (a)(13)-(15) and subsections (b) and (d)(2) and amendment of NOTE filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsections (a)(13)-(15), (c) and (d)(2) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
7. Change without regulatory effect amending subsections (a)(13)-(14) and (d)(2) and amending NOTE filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
8. Amendment of subsection (a)(11), repealer of subsections (a)(11)(A)-(K) and amendment of subsections (a)(13)-(15), (c) and (d)(2) filed 8-16-2018; operative 10-1-2018 (Register 2018, No. 33).

Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.

1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. New subsections (a)(11)-(a)(11)(J), subsection renumbering and amendment of subsection (b) filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. New subsections (a)(11)-(a)(11)(J), subsection renumbering and amendment of subsection (b) refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. New subsections (a)(11)-(a)(11)(K), subsection renumbering, amendment of newly designated subsections (a)(13)-(15) and subsections (b) and (d)(2) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsections (a)(13)-(15), (c) and (d)(2) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
7. Change without regulatory effect amending subsections (a)(13)-(14) and (d)(2) and amending Note filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. New subsections (a)(11)-(a)(11)(J), subsection renumbering and amendment of subsection (b) filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. New subsections (a)(11)-(a)(11)(J), subsection renumbering and amendment of subsection (b) refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. New subsections (a)(11)-(a)(11)(K), subsection renumbering, amendment of newly designated subsections (a)(13)-(15) and subsections (b) and (d)(2) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsections (a)(13)-(15), (c) and (d)(2) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
7. Change without regulatory effect amending subsections (a)(13)-(14) and (d)(2) and amending Note filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
8. Amendment of subsection (a)(11), repealer of subsections (a)(11)(A)-(K) and amendment of subsections (a)(13)-(15), (c) and (d)(2) filed 8-16-2018; operative 10/1/2018 (Register 2018, No. 33).