Or. Admin. Code § 735-060-0055

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

Section 735-060-0055 - Duties of a CDL Third Party Tester

(1) A Tester must:

(a) Meet the qualifications for a Tester described in the Federal Motor Carrier Safety Regulations, OAR 735-060-0030, and the Third Party Tester contract or agreement throughout the term of the certification.

(b) Notify DMV in writing prior to making any changes to, deviations from, or modifications to a test site or an on-road drive test route unless there is good cause for such change, deviation or modification due to an unexpected closure or safety issue that could not be anticipated by the Tester or Examiner. Good cause includes, but is not limited to, an accident, downed trees or power lines, flooding, or unannounced construction. Any change, deviation or modification from an on-road drive test route must not result in any scored maneuver being skipped. Any change, deviation or modification from the test site or on-road drive test route must be noted in CSTIMS along with an explanation of the cause for the change, deviation or modification.

(c) Notify DMV in writing no less than 24 hours prior to any change in the address of Testing Business's office, facility, or campus.

(d) Notify DMV within 24 hours upon receipt of notice that Tester or any owner, Representative, or Examiner employed by the business is the subject of a civil legal action, criminal investigation, arrest or conviction, is enrolled in a Driving Under the Influence of Intoxicants diversion program, or has received any suspension, revocation, cancellation or disqualification of driving privileges.

(e) Notify DMV within 24 hours if any owner, employee, Representative, or Examiner is no longer in compliance with any requirement or qualification in OAR 735 Division 60, Federal Motor Carrier Safety Regulations, or the CDL Third Party Testing contract or agreement.

(f) Notify DMV within 24 hours if the Tester goes out of business or if there is any change in the status of an Examiner or a Representative, including an Examiner or Representative who is no longer employed by or associated with the Tester.

(g) Provide DMV a revised record of services offered to the public related to CDL skills testing and the fees charged by the Tester no less than 5 calendar days prior to any change in those services or fees.

(h) Notify DMV within 24 hours of any possible data breach of Tester's computer or physical files that may result in a person accessing an applicant's personal information and notify DMV within 10 calendar days of the possible data breach, in writing, of how the data breach was resolved.

(i) Notify DMV within 24 hours of any complaint concerning Testing Business or Examiner.

(A) Notify DMV within 10 calendar days of the complaint, in writing, of how the complaint was resolved.

(B) Respond to an applicant who submits a complaint to DMV within 10 calendar days of receiving notice from DMV, if a response is requested by the applicant or DMV. Provide DMV a copy of the written response or a written summary of a verbal exchange with the applicant no later than 2 calendar days after the date of the response.

(j) Notify DMV's Third-Party Programs Compliance Coordinator of suspected fraudulent activity or bribery attempts within 24 hours of the activity or event.

(k) Ensure that all Examiners associated with the Tester remain in compliance with all Federal Motor Carrier Safety Regulations, state statutes, administrative rules, and terms of the Third Party Tester contract or agreement related to the qualifications and duties of Examiners.

(l) Ensure that before any individual associated with the Tester views or enters information in CSTIMS, the individual takes the CSTIMS Privacy Awareness Training.

(m) Make any and all business records, vehicles and facilities related to the operation of the Tester's testing program available for inspection by representatives of DMV, the Oregon Secretary of State, or FMCSA with or without prior notice.

(n) Correct any deficiencies specified in an inspection report within 30 calendar days of receipt of the report.

(o) Ensure that vehicles provided by the Tester for testing purposes:

(A) Meet the safety equipment standards of the Oregon Vehicle Code and Federal Motor Carrier Safety Regulations, and are maintained in good mechanical condition;

(B) Are equipped with a fire extinguisher and three flares or three approved reflectors;

(C) Are properly registered with the motor vehicle licensing agency in the state in which they are licensed; and

(D) Are properly insured as required by the Third Party Testing contract or agreement.

(p) Comply with all Oregon statutes, DMV administrative rules and federal regulations related to the CDL Third Party Testing program and with all terms of the CDL Third Party Testing contract or agreement.

(q) Maintain and submit records as required by OAR 735-060-0057.

(r) Ensure that before testing a CDL applicant each Examiner administering tests for the Tester complies with the requirements of OAR 735-060-0105(1) excluding subsection (L).

(s) Ensure all Examiners report and make entries into CSTIMS as required by these rules and the Third Party Tester contract or agreement.

(2) A CDL Third Party Tester must not:

(a) Falsify any records or fraudulently record, or cause to be recorded, passing scores in CSTIMS for any CDL applicant who has not passed a complete CDL skills test according to the procedures in the Oregon CDL Examiner's Manual or who was not tested in accordance with the requirements set forth in OAR 735-060-0120.

(b) Permit anyone except a certified Examiner to administer a CDL skills test or complete a score sheet for the CDL skills test and record, or cause to be recorded, test scores in CSTIMS.

(c) Transfer its CDL Third Party Tester Certificate to any other person.

(d) Assist a person in fraudulently obtaining driving privileges from DMV.

(e) Disclose a CDL applicant's personal information as defined in ORS 802.175, or a CDL applicant's test scores to any person unless authorized by DMV.

(f) Violate the Code of Ethics and Rules of Conduct set forth in OAR 735-060-0115.

(g) Allow an Examiner to administer a CDL skills test while visibly intoxicated.

(h) Permit an Examiner associated with a commercial truck or bus driver training school to test a driver who has been trained by the Examiner or trained by anyone employed by the school.

(i) Permit an Examiner associated with a Tester with an employer-administered training program to test a CDL applicant who has been trained by that Examiner on any portion of the CDL skills test.

(j) State or imply, or allow anyone associated with the Tester to state or imply, to a CDL applicant that he or she must obtain training prior to or after testing.

(k) Permit an Examiner to change, deviate or modify the test site or on-road drive test route recorded in CSTIMS when the test was scheduled, without prior written approval from DMV, unless there is good cause and notation in CSTIMS, as described in sub-section (1)(b) of this rule, or is otherwise permitted per the CDL Examiner's Manual.

(l) Permit an Examiner to administer a CDL skills test to an applicant who has not completed ELDT as required by OAR 735-063-0262.

Or. Admin. Code § 735-060-0055

DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0050(9) & (13); 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; DMV 2-2022, amend filed 01/25/2022, effective 1/25/2022

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080

Statutes/Other Implemented: ORS 807.040 & 807.070