Or. Admin. Code § 735-060-0105

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

Section 735-060-0105 - Duties of a CDL Third Party Examiner

(1) An Examiner must:

(a) Meet qualifications set forth in OAR 735-060-0090 throughout the period the Examiner holds the CDL Third Party Examiner Certification.

(b) Properly complete all forms and reports required by DMV.

(c) Administer all CDL skills tests as set forth in OAR 735-060-0120.

(d) Administer CDL skills tests only for the class and type of CMVs authorized by DMV on the CDL Third Party Examiner Certificate.

(e) Record accurate information and scores in CSTIMS only for the class of CDL, including endorsements and restrictions, for which the CDL applicant was tested;

(f) Comply with the following requirements before administering a CDL skills test:

(A) View and obtain a copy of the applicant's unexpired Oregon CLP and unexpired Oregon driver license at the time of the test. The CLP must have been issued at least 14 days prior to the date of testing, be issued in the appropriate class, and contain all required endorsements to operate the vehicle being used for testing. The CDL applicant's identifying information, including the photo, must be legible on the copy; and

(B) Provide the CDL applicant a receipt for the fees the CDL applicant paid for all services relating to the CDL skills test, if applicable, including but not limited to, fees for the CDL skills test, travel time or distance, and vehicle rental. A fee collected must be in the amount provided in the schedule submitted to DMV under OAR 735-060-0030(1)(L). The receipt must be on a standard receipt form provided to the CDL Tester by DMV. The receipt must be signed by both the CDL applicant and the Examiner. A receipt need not be provided when the Examiner is employed by an employer-related testing business and is administering a test to an employee of the Tester.

(g) Successfully complete any additional training when required by DMV, with the Tester or Examiner responsible for all associated costs.

(h) Comply with all Oregon statutes, DMV administrative rules, and federal regulations pertaining to the qualifications and duties of a CDL Third Party Examiner.

(i) Administer all three portions of the CDL skills tests to a minimum of 10 different CDL applicants during each calendar year. If an Examiner does not meet that minimum number during a calendar year, the Examiner must complete refresher training at the Tester's expense and may be subject to an evaluation by DMV after completing the refresher training.

(j) Be present during any DMV, Oregon Secretary of State, or FMCSA inspection of CDL Third Party Tester records if requested by DMV.

(k) Only administer CDL skills tests for the Tester named on the Examiner's CDL Third Party Examiner Certificate.

(l) Notify the Tester within 24 hours of any notice of a civil legal action, a criminal investigation or arrest, or any complaint concerning administration of a CDL skills test or conviction of a traffic crime by the Examiner.

(m) Report to DMV in CSTIMS complete and accurate information for all scheduled CDL skills tests at least 48 hours prior to administration of the test. The test schedule information must include;

(A) The CDL applicant's name and Oregon driver license number;

(B) The class, issue and expiration dates, and endorsements and restrictions on the CLP;

(C) The Examiner's name;

(D) The date and time of each portion of the CDL skills test;

(E) The class and type of vehicle to be used for the test, including transmission type and whether the vehicle is equipped with airbrakes;

(F) Identification of the test site and on-road drive test route; and

(G) Test schedule reason.

(n) Unless prior approval is obtained from DMV, only administer a CDL skills test that has been scheduled at least 48 hours prior to the administration of the test.

(o) Notify DMV of changes to the test site, on-road drive test route or test date that occur after submission of the schedule, but prior to the administration of the test.

(p) Report to DMV in CSTIMS the complete and accurate results of all CDL skills tests within 24 hours of administering the test. The results must include:

(A) The date of the test;

(B) The actual start and end times of each portion of the test;

(C) The test score or reason for an immediate failure or cancellation if applicable; and

(D) Information on the vehicle used for the test, including the following:

(i) The 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 has airbrakes or air-over-hydraulic brakes, was a passenger-carrying CMV or a school bus, had a manual or automatic transmission, or used a fifth-wheel hitch system.

(q) Upload testing documents to CSTIMS within 72 hours of administering the test. Testing documents must include a copy of the applicant's CLP and driver license, the test score sheet, and the fee receipt if one is completed.

(2) An Examiner must not:

(a) Record or cause to be recorded scores on CSTIMS for any CDL applicant:

(A) If the Examiner did not administer the CDL skills test to the CDL applicant;

(B) If the Examiner did not administer a CDL skills test meeting the requirements of OAR 735-060-0120 to the CDL applicant;

(C) Showing the CDL applicant passed the CDL skills test, when in fact the CDL applicant did not pass the test; or

(D) Who is known not to have valid driving privileges. Acceptable evidence of valid driving privileges is the CDL applicant presenting an unexpired Oregon driver license and an unexpired Oregon CLP. The Oregon CLP must have been issued no less than 14 days prior to the date of the test, in the appropriate class, and with all endorsements required to operate the vehicle being used for testing.

(b) Make 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 to 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) Falsify any records.

(d) Administer CDL skills tests without a valid CDL Third Party Examiner Certificate issued by DMV.

(e) Transfer his or her CDL Third Party Examiner Certificate to any other individual.

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

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

(h) Allow any CDL applicant to take a CDL skills test if the Examiner has reason to believe the CDL applicant is visibly intoxicated.

(i) Test a relative or personal friend or knowingly test a relative or friend of the Tester or any owner or employee of the Tester.

(j) Administer a CDL skills test to a CDL applicant who does not possess a valid Oregon driver license along with a valid Oregon CLP. The Oregon CLP must have been issued no less than 14 calendar days prior to the date of the test, in the appropriate class and with all endorsements required to operate the vehicle being used for testing.

(k) Administer a CDL skills test when the CDL Third Party Tester Certificate of the Tester for whom the Examiner administers tests is no longer valid.

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

Or. Admin. Code § 735-060-0105

DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0100(8), (9) & (10); 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