Current through all regulations passed and filed through September 16, 2024
[Comment: For dates and availability of
material incorporated by reference in this rule, see paragraph (A) of rule
4501-47-01
of the Administrative Code.]
(A)
No person shall conduct or administer a "skills test" for CDL applicants unless
such person first obtains a third-party examiner certification from the
director. Each person applying for or maintaining certification as a
third-party examiner must meet all of the following requirements:
(1) Be at least twenty-one years of age, with
a minimum of five years experience as a holder of any type of driver's license
and at least three years experience as a holder of a commercial driver's
license (unless waived by the department).
(2) Successfully complete a third-party
examiner training program approved by the department of public safety in
accordance with
49 C.F.R.
383.75
.
(3) Demonstrate a
comprehensive understanding of all information in the commercial driver's
license manual and the commercial driver's license examiner's manual.
Applicants must also demonstrate the ability to correctly administer and score
each of the CDL skills tests. Examiners maintaining certification must
correctly administer and score each of the CDL skills tests.
(4) Demonstrate a criminal conviction history
free of any felony as defined in the Revised Code or under the laws of any
other state or jurisdiction, or a misdemeanor I or II as defined in the Revised
Code
that is reasonably related to a person's ability to
serve safely and honestly as a third-party examiner or equivalent conviction
from another jurisdiction. The director shall have the discretion to revoke the
certification of a person as a third-party examiner upon notice of an offense,
determined by the director to be of a nature or severity inconsistent with the
standards expected of third-party examiners.
(5) Be physically and mentally qualified to
carry out the duties of a third-party examiner as certified by a licensed
physician legally qualified to practice medicine.
(6) Have a driving record free of any of the
following:
(a) Two or more chargeable
accidents within the three years preceding the date of application;
(b) Three or more moving violations, or an
accumulation of six points or more under Chapter 4510. of the Revised Code, or
equivalent action from another jurisdiction, within the preceding three
years;
(c) A twelve-point
administrative suspension under Chapter 4510. of the Revised Code, or
equivalent action from another jurisdiction within the preceding ten years.
(d) Any conviction for an offense
described in section 4506.15 of the Revised Code
within the past three years.
(e)
Conviction of two or more serious violations as defined in section
4506.01 of the Revised Code
within the three years preceding the application.
(7) Maintain the proper CDL class and
endorsements for the type of testing to be conducted.
(B)
Applications for
certification as a commercial driver's license
third-party examiner shall contain the following:
(1) A completed "Application for Certification of Commercial Driver License
Third Party Examiner" signed by the third-party examiner and the third
party testing facility manager;
(2)
A photocopy of the certificate issued to the examiner in accordance with
completion of a third-party examiner training program approved by the
department of public safety in accordance with
49 C.F.R.
383.75
.
(3) A criminal
abstract provided by the bureau of criminal identification and investigation
and dated by the bureau of criminal identification and investigation not more
than sixty days prior to the date of the application. After initial
certification as a third-party examiner, each examiner shall submit a new
criminal abstract every four years thereafter.
(4) A driving record abstract provided by the
bureau of motor vehicles and dated not more than sixty days prior to the date
of the application. After initial certification as a third-party examiner, each
examiner shall submit a new driving record abstract every two years
thereafter.
(5) A photocopy of the
applicant's commercial driver's license. After initial certification as a
third-party examiner, each examiner shall submit a new photocopy of his/her
commercial driver's license each time the commercial driver's license must be
renewed.
(6) A photocopy of the
current United States department of transportation physical examination form
indicating that the applicant is medically and physically qualified to operate
commercial motor vehicles. After initial certification as a third-party
examiner, each examiner shall submit a new photocopy of the current United
States department of transportation physical examination form every two years
thereafter.
(C) The
third-party examiner certification shall be displayed in the third-party
location where the examiner is authorized to test. If the examiner gives skills
tests in more than one location, a photocopy of the certificate shall be
displayed.
(D) Authorized
third-party examiners shall attend any advanced training courses, workshops or
seminars conducted or required by the department.
(E) No third-party examiner shall be eligible
to administer CDL testing unless employed by a third-party tester facility
approved by the department.
(F) No
third-party examiner shall conduct testing at a site or facility that has not
been approved by the department.
(G) Each licensed third-party examiner may
only administer testing at a single third-party test facility, unless prior
written authorization to administer testing at more than one location is
obtained from the department.
(H)
An examiner shall notify the facility manager within ten days if any of the
following occur:
(1) The examiner receives a
moving traffic violation conviction;
(2) The examiner is involved in a chargeable
crash;
(3) The examiner is
convicted of a charge that assesses points against the applicant's
license;
(4) The examiner receives
any driver license suspension, cancellation, disqualification, or
revocation;
(5) The examiner is
charged or convicted of any criminal charge listed in this rule.
(I) The facility manager shall
notify the director in writing within ten days of the manager's receipt of
notice that an examiner's criminal or traffic conviction, crash, or driver
license suspension, revocation or cancellation may disqualify the examiner's
certification to administer CDL testing.
(J) The facility manager shall notify the
director in writing within ten days of the termination of employment of any
examiner assigned to the facility and shall return the examiner's license to
the department. If the actual license is unavailable to return to the
department, a photocopy of the license may be returned in lieu of the
original.
(K) The director may
refuse to issue, or may suspend, revoke, or place on probation the
certification of any examiner upon notice of that person's conviction for any
offense for which that person may be disqualified under this rule.
(L) The director may refuse to issue, or may
suspend, revoke, or place on probation a certification upon notice of an
offense determined by the director to be of a nature or severity inconsistent
with the standards expected of an examiner which is committed beyond the
periods provided herein.
(M) No
person shall submit an "Application for Certification of Commercial Driver License
Third Party Examiner" that is incomplete or incorrect or
that
contains false or misleading information. An incomplete or incorrect
application may be rejected or returned to the applicant. An application
containing false or misleading information may be denied.
