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)
Each entity that applies for authorization as a third-party tester shall submit
a
completed "Application for Certification
of Commercial Driver License Third Party Tester". The third-party tester
shall also submit an "Application for Certification of Commercial Driver License
Third Party Examiner" for each examiner who will conduct skills tests.
No person or entity shall act as a third-party tester unless
approved by the department.
(B) Upon the award of a third-party tester
contract, the third-party tester shall receive a certificate of authorization
as an "official Ohio commercial driver's license third-party tester" and a
certificate of authorization and examiner identification card for each
third-party examiner who is approved to administer skills tests by meeting
the requirements in this rule.
(C)
An
"Application for Certification of
Commercial Driver License Third Party Tester" that does not contain
applications for examiners is ineligible to receive a contract as a third-party
tester.
(D) Each entity authorized
as a third-party tester shall meet the following criteria:
(1) The organization or person shall maintain
an established place of business in Ohio, with at least one permanent,
regularly occupied structure, in Ohio.
(2) The established place of business shall
have a permanent mailing address
that must include a street address.
(3) The organization or person shall
designate a safety officer or other individual as a manager who will be
responsible for their third-party testing operation.
(4) No third-party tester may administer
commercial driver's license skills tests to its employees.
(5)
The organization or person shall maintain a
department of transportation safety rating of satisfactory if subject to the
federal motor carrier safety regulations.
(6) The third-party tester shall maintain
accurate records in accordance with the requirements of rule
4501-47-08 of the
Administrative Code pertaining to the skills test program.
(7)
A skills test examiner who is also a
skills instructor as a part of a school, training program, or otherwise is
prohibited from administering a skills test to an applicant who received skills
training by that skills test examiner.
(8) The organization or person shall sign a
written agreement with the department
that outlines the contractual duties and
responsibilities of a third-party tester and
that is subject
to termination by the department upon breach of any of its terms by the
third-party tester.
(9) The
third-party tester shall permit representatives of the department, state of
Ohio, and the federal motor carrier safety administration to conduct random
examinations, inspections and audits without prior notice.
(10) The third-party tester shall give the
same skills test as the
department and shall acknowledge that the
department
may take prompt action against it in the event
the tester fails to comply with state of Ohio or federal standards for the
commercial driver testing program or with any other terms of the third-party
agreement.
(11) The department
shall deny any proposal for third-party tester or examiner authorization, if
the proposer does not meet all the requirements of this chapter or the proposed
examiners identified in the tester's proposal do not meet the requirements of
this chapter.
(12) Any
misrepresentations or omissions in the "Application for
Certification of Commercial Driver License Third Party Tester" shall be
grounds for denying certification.
(13)
The organization
or person shall ensure
that
the skills tests are conducted in accordance with the requirements of this
chapter and the instructions provided by the department.
