Section 25.23 - Employer Testing Program Bond RequirementsAn employer must satisfy the requirements of Title 49, CFR, Section 383.75 to provide evidence of financial responsibility as a precondition of commercial driver's license testing for their own employees by giving the department an instrument evidencing the existence of a bond, as follows:
(a) The bond shall be issued by an admitted surety.(b) The bond shall be in a penal amount of one hundred thousand dollars ($100,000).(c) The bond shall be conditioned that the surety be liable if the employer, as principal, fails to pay any expense to cover the cost for the State of California, or any other State, to re-test all drivers licensed based upon a commercial drive test conducted by the employer, in the event that the employer or one or more of its Examiners is involved in fraudulent activities related to conducting drive tests for commercial driver license applicants operating under the employer's Employer Number under Title 49, CFR, Section 383.75.(d) The bond shall be subject to the Bond and Undertaking Law, Chapter 2 (commencing with Section 995.010) Title 14, Part 2, of the Code of Civil Procedure.(e) The bond shall be considered a bond given as a condition of authorization to conduct drive testing for commercial driver license applicants who are employees of the employer, shall be continuous in form, remain in full force, and effect, and run concurrently with the employer's authority to conduct drive tests for commercial driver's license under Title 49, CFR, Section 383.75 and any and all renewals or until cancellation or withdrawal of the surety from the bond.(f) The bond shall be a bond, and not a deposit in lieu of bond.(g) The bond shall be submitted to the department on the DL 524 ETP form which has been approved by the California Attorney General under Government Code section 11110 through 11113.(h) Governmental employers are exempt from the bond requirements.Cal. Code Regs. Tit. 13, § 25.23
1. New section 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 8-16-2018; operative 10/1/2018 (Register 2018, No. 33).