Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An Examiner is not authorized to conduct
a commercial driving test until he or she is certified by the department by
meeting the following requirements:
(1) Submit
an Employer Testing Program Examiner Certification Application (DL 811 ETP,
Rev. 10/2017), which is hereby incorporated by reference, or Employer Testing
Program Refresher Training Request -- Examiner (DL 818 ETP, Rev. 10/2017),
which is hereby incorporated by reference, whichever is applicable, to the
department. The department shall notify the Examiner applicant when they are
qualified to be enrolled in the department-sponsored Examiner Training class.
The department shall notify the examiner applicant if the examiner fails to
meet program requirements as stated in Section
25.22(a)(2) through
(7) to be an examiner. A letter will be sent
to the applicant explaining the reason for the denial. If the Application is
incomplete, a cover letter will be sent to the applicant within 15 days listing
the items needing correction.
(2)
Has held a valid commercial driver license for at least three years, with the
appropriate class and endorsements.
(3) Currently holds a valid California
commercial driver license with appropriate class and endorsements for the type
of license for which the Examiner is requesting testing authority. Also, the
Commercial Driver License must be consistent with the type required to drive
the test vehicle.
(4) Maintains a
valid medical certificate, as described in Section
28.19 of this Article.
(5) Has no current actions against his/her
California commercial driver license that would disqualify him/her to act as an
Examiner; i.e., suspended, revoked, cancelled, or on probation for negligent
operation of a motor vehicle.
(6)
Pays a $150 examiner training fee.
(7) Attends and passes a department-sponsored
examiner training class to establish his/her eligibility to act as an Examiner
and receives a valid Certificate of Training.
(A) The training fee is
non-refundable.
(B) If the Examiner
does not pass the training course and applies to attend the training course
again, an additional $150 training fee shall be paid.
(8) Submits fingerprints at a California Live
Scan facility to enable a nationwide criminal background check, on a Request
for Live Scan Service Application Submission, form DMV 8016 (Rev. 10/2017),
which is hereby incorporated by reference. Submission of fingerprints shall
include all of the following requirements:
(A)
The applicant's true full name provided on the form.
(B) The second copy of the signed DMV 8016
submitted with the DL 811 ETP.
(b) The Examiner certification is valid for
four years. To become recertified, an Examiner must meet all requirements in
this section.
(c) An Examiner
certification shall be immediately terminated if:
(1) The results of a live scan report reveal
either of the following:
(A) A felony
conviction within the last ten years, or
(B) A conviction involving fraudulent
activity.
(2) An Examiner
fails to conduct driving tests for at least ten different applicants in a
calendar year.
(3) An Examiner
fails to comply with any requirements in this Article or in Part 383 of Title
49, Code of Federal Regulations.
(d) An Examiner must complete the following
prior to conducting a commercial driving test for his or her employer.
(1) Be under written contract with the
employer(s) at the time he or she conducts the skills test, as required in
Section 25.19(f)(2).
(A) An Examiner may work for more than one
employer concurrently, as long as he or she is under written contract with each
employer.
(2) The
Examiner shall submit a written request to the department when the Examiner
seeks authority to test drivers on vehicles that require a class of license or
endorsement for which the Examiner is not authorized. The department shall
verify that the Examiner has held a California Commercial Driver License for
three years of the appropriate class and endorsements for type of license for
which the Examiner is requesting testing authority, prior to approval of the
request.
(3) The Examiner shall
verify that the driver has obtained an instruction permit from the department
appropriate for the test vehicle prior to testing.
(4) The Examiner shall maintain on file a DL
819 ETP of all driving tests conducted for certification purposes, which
includes a record of driving tests conducted under each Employer Number with
whom the Examiner has a contract to conduct driving tests. The log must include
successfully completed and failed driving tests.
(5) The Examiner shall conduct all driving
tests for certification purposes using the Commercial Driver License Driving
Performance Evaluation criteria established by the
department.
(e) An
Examiner, upon authorization by the department to conduct commercial driving
tests as defined in Title 13, Section
25.06(b), who
fails to conduct skills test for at least ten different applicants (10 of each
segment -- 10 Vehicle Inspections, 10 Basic Control Skills, 10 Road Tests) per
calendar year, is ineligible to conduct commercial driving tests and must
attend and pass a department sponsored Examiner refresher-training class, and
be recertified by the department before conducting additional commercial
driving tests.
(1) The drive test shall
consist of the pre-trip inspection, skills test, and road test on a department
approved route and utilizing DMV score sheets (DL 65 ETP part I, Rev. 4/2003
and the DL 65 ETP part II, Rev. 4/2003), which is hereby incorporated by
reference. The score sheets shall be retained in the employee file, even though
a DL 170 ETP is not issued.
(2) The
Examiner shall log the driving test on the DL 819 ETP indicating that a
training drive test was successfully completed and the authorized
representative shall sign and date the notation certifying the training drive
test was conducted.
(3) If the
driver fails the training test the company shall retrain the driver in the
deficient areas noted during the test and note the retraining on the driver
training log as specified in section
25.15.
(f) The Examiner shall verify that the driver
is given and successfully passes a complete commercial driving test including
the pre-trip inspection, skills, and road tests.
(g) The Examiner shall verify that the
correct type of commercial vehicle is used for the driving test.
(h) An Examiner shall not act as the
Authorized Representative for the same driving test that he/she
conducted.
(i) The Examiner shall
complete and sign the DL 170 ETP as the Examiner.
(j) The Examiner must allow each employer to
enroll him/her in the Employer's Pull Notice program during the contract
period.
(k) Upon the department's
request, the Examiner shall be available between the hours of 8:00 a.m. to 5:00
p.m., with notice, to participate during the monitoring of the employer's third
party testing program for the duration of the Examiner's contract and for one
year after termination of the contract.
(l) The Examiner must update testing skills
as needed in response to statutory and program changes. The department shall
notify Examiners of statutory and program changes, and may require additional
department-sponsored training to maintain eligibility.
1. New
section filed 1-5-2004; operative 2-4-2004 (Register 2004, No.
2).
2. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new
subsections (d) and (f) and subsection relettering filed 3-30-2005 as an
emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of
Compliance must be transmitted to OAL by 7-28-2005 or emergency language will
be repealed by operation of law on the following day.
3. Amendment
of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and (f) and
subsection relettering refiled 7-28-2005 as an emergency; operative 7-28-2005
(Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL
by 11-25-2005 or emergency language will be repealed by operation of law on the
following day.
4. Reinstatement of section as it existed prior to
3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code
section 11346.1(f) (Register 2006, No. 7).
5. Amendment of section
and NOTE filed 9-14-2006; operative 10-14-2006 (Register 2006, No.
37).
6. Amendment filed 11-3-2008; operative 12-3-2008 (Register
2008, No. 45).
7. Change without regulatory effect repealing
subsections (f)(1)-(f)(1)(B), renumbering subsections, amending subsections (j)
and (m) and amending NOTE filed 6-19-2014 pursuant to section
100, title 1, California Code of
Regulations (Register 2014, No. 25).
8. Amendment of section heading
and 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.
