Or. Admin. Code § 735-060-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-060-0040 - Inspection

(1) Prior to DMV issuing a CDL Third Party Tester Certificate, the prospective Tester must pass an inspection to ensure compliance with all Oregon statutes, DMV administrative rules and federal regulations related to CDL Third Party testing. An authorized representative of DMV will, during regular business hours, inspect the applicant's business office or facility, and any proposed test site, and on-road drive test routes submitted to DMV.

(2) DMV, the Oregon Secretary of State, or FMCSA may conduct an unscheduled inspection of the business premises, records, and equipment of a CDL Third Party Tester to review compliance with all Oregon statutes, DMV administrative rules, and federal regulations related to CDL Third Party testing. No notice will be given to the Tester prior to the unscheduled inspection. The Tester must consent to and fully cooperate with the unscheduled inspection.

(3) In addition to any other inspection, DMV will, at least once every two years, conduct an inspection of each Tester to review compliance with Oregon statutes, DMV administrative rules, and federal regulations related to CDL Third Party testing.

(4) An inspection, whether scheduled or unscheduled, may include an inspection of:

(a) CDL Third Party Tester records.

(b) Security of CDL applicant personal information.

(c) A review of the Tester's qualifications and compliance with the terms of the CDL Third Party Tester Agreement.

(d) The testing procedures used by CDL Third Party Examiners of the Tester including the test site(s) and on-road drive test route(s).

(e) Any other related areas the DMV representative may deem necessary at the time of the inspection.

(5) As part of an inspection, a DMV or FMCSA representative may observe, co-score and evaluate a CDL Third Party Examiner administering a CDL skills test or retest a sample of the CDL applicants who were tested by an Examiner of the Tester to compare scoring and monitor testing procedures. The Tester must provide a vehicle that will accommodate the Examiner, the CDL applicant being tested, and the DMV representative.

(6) A federal, state, county, or city law enforcement officer, or a representative of the Oregon Department of Transportation or of the FMCSA may conduct covert observations of CDL skills tests administered by Tester's Examiners or may pose as a customer of a Tester without disclosing their employment with a governmental entity to inspect the manner in which CDL skills tests are administered.

(7) To pass an inspection, the Tester must be in compliance with the Oregon statutes, DMV administrative rules and federal regulations relating to CDL Third Party testing.

(8) The DMV, Oregon Secretary of State, or FMCSA representative conducting the inspection will prepare a written report and specify any deficiencies that the Tester must correct. The Tester will be given a copy of the report. Deficiencies identified must be corrected by the Tester within 30 calendar days of the date DMV sends the report to the Tester.

Or. Admin. Code § 735-060-0040

MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0635; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; 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 12/17/2019

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080

Statutes/Other Implemented: ORS 807.040 & 807.070