Or. Admin. R. 735-060-0057
Current through Register Vol. 63, No. 8, August 1, 2024
Section 735-060-0057 - Record Requirements for CDL Third Party Testers(1) The Tester must ensure records are maintained at the Tester's primary place of business or by each Examiner at each testing location for no less than six years from the date of the test.(2) The Tester must maintain the following records:(a) A fully completed copy of the CDL test score sheet for each CDL applicant tested, regardless of whether the individual passed or failed the test. To be fully completed the CDL skills test score sheet must contain: (A) The CDL applicant's full name and driver license number;(B) Information on the CMV used for the test, including: (i) Jurisdiction in which the CMV is registered;(ii) The CMV registration plate number;(iii) The class and type of CMV; and(iv) Whether the CMV had airbrakes or air-over-hydraulic brakes, is a passenger-carrying CMV or a school bus, has a manual or automatic transmission, or uses a fifth-wheel hitch system.(C) CMV insurance information, including the name of the insurance carrier and policy holder and the policy number.(D) The CDL skills test site and on-road drive route identifiers.(E) The CDL Third Party Examiner's name.(F) The time and date of the test and test results.(b) A copy of the CDL applicant's CLP and Oregon driver license presented by the CDL applicant at the time of testing. The CDL applicant's identifying information, including the photo, must be legible on the copy. A Tester or Examiner may not use a copy of the CDL applicant's Oregon CLP or driver license except to identify the CDL applicant for testing purposes and may not disclose a copy for any purpose except as provided in subsection (2) of this rule, OAR 735-060-0040 and the CDL Third Party Tester Agreement.(c) A signed copy of the fee receipt, described in OAR 735-060-0105(1)(f)(B), provided to the CDL applicant showing all fees paid to the Tester and Examiner for all services related to a CDL skills test This is not required if the Tester is not collecting fees for the testing services.(d) A copy of the current Third Party Tester contract or agreement between the Tester and DMV.(e) A copy of the current CDL Third Party Tester Certificate and a copy of the CDL Third Party Examiner Certificate for each Examiner associated with the Tester.(f) The results of all criminal background checks for Tester's Representatives and Examiners.(3) All records subject to this rule must be available for inspection by an authorized representative of DMV, the Oregon Secretary of State, or FMCSA, Monday through Friday between the hours of 8:30 a.m. to 4:30 p.m. Records must be available for inspection without an appointment or prior notice. Records may be retained in paper format or electronically, but must be maintained in a manner allowing for timely and efficient retrieval and review.Or. Admin. R. 735-060-0057
DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0050(10), (11) & (12); DMV 31-2005, f. & cert. ef. 12-14-05; DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10; DMV 5-2016, f. 9-22-16, cert. ef. 9/26/2016; DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019; DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019Statutory/Other Authority: ORS 184.619, 802.010 & 807.080
Statutes/Other Implemented: ORS 807.040 & 807.070