The Oregon Administrative Rules contain OARs filed through November 15, 2015
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION
DIVISION 60
THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES
735-060-0000
Definitions
(1) The following definitions apply to terms in OAR 735-060-0000 through 735-060-0130:
(a) “Administrative Training” means a class provided by DMV to a CDL Tester Representative that describes the administrative requirements and responsibilities of a CDL Third Party Tester, including but not limited to, maintaining records and proper completion of DMV required reports.
(b) “CDL” means commercial driver license.
(c) “CDL Certificate of Test Completion” is a document that certifies an individual is competent to safely exercise the commercial driving privileges granted by a Class A, Class B, Class C CDL, or an endorsement related to a CDL and that is issued by a CDL Third Party Examiner as authorized by ORS 807.080.
(d) “CDL skills test” is a pre-trip vehicle inspection test, a basic control skills test or an on-road driving test.
(e) “CDL Third Party Examiner” or “CDL Examiner” is an individual issued a Third Party Examiner Certificate by DMV that authorizes the individual to conduct certified drive tests to determine a driver’s qualification to obtain a CDL and issue CDL Certificates of Test Completion.
(f) “CDL Third Party Examiner Certificate” or “Examiner Certificate” is a certificate issued by DMV that authorizes an individual to conduct certification drive tests to determine a driver’s qualification to obtain a CDL, endorsement related to a CDL, or both and to issue CDL Certificates of Test Completion.
(g) “CDL Third Party Tester” or “CDL Tester” is an individual or entity issued a CDL Third Party Tester Certificate by DMV for the purpose of certifying the competency of drivers to safely exercise commercial driving privileges. For purposes of OAR 735-060-0000 to 735-060-0130 the term includes, but is not limited to, an individual, corporation, association, firm, company, business, partnership, limited liability company, employer, federal or state agency, municipal corporation as defined by ORS 33.710, including a mass transit or transportation district, a publicly owned and operated educational facility and the Oregon Department of Education.
(h) “CDL Third Party Tester Certificate” or “Tester Certificate” is a driver competency testing certificate issued by DMV as authorized by ORS 807.080(2).
(i) “CDL Third Party Tester Representative” or “CDL Tester Representative” is an individual, designated by the CDL Tester as responsible for the CDL Third Party Tester’s activities required by administrative rule and the CDL Third Party Tester Agreement.
(j) “Calendar day” is a period that begins at 12:01 a.m. and ends at 11:59 p.m. on the same day.
(k) “Commercial truck or bus driver training school” means any school that trains the general public in driving commercial motor vehicles and has been licensed by the Oregon Department of Education as a licensed private career school.
(L) “Disqualified” means a person’s CDL has been suspended, revoked, cancelled or withdrawn by a State or other jurisdiction, or the person is not qualified to operate a commercial motor vehicle under 49 CFR part 391. “Disqualified” has the same meaning given the term “disqualification” in 49 CFR part 383.5.
(m) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation.
(n) “Employee” means a person who works for another for compensation, but does not include an independent contractor.
(o) “Employer” includes any of the following:
(A) An individually owned business;
(B) A company;
(C) A corporation;
(D) An association;
(E) A cooperative; and
(F) A federal, state, county or municipal agency, including a publicly owned and operated education facility and the Oregon Department of Education.
(p) “FMCSA” means the Federal Motor Carrier Safety Administration.
(q) “Major traffic crime” means a conviction under Oregon statute or city ordinance, or a comparable statute or city ordinance of any other jurisdiction, for any traffic offense that is punishable by a jail sentence and includes the following offenses:
(A) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle;
(B) Driving under the influence of intoxicants;
(C) Reckless driving as defined in ORS 811.140;
(D) Failure to perform the duties of a driver involved in an accident or collision under ORS 811.700 or 811.705;
(E) Criminally driving while suspended or revoked, as defined under ORS 811.182;
(F) Fleeing or attempting to elude a police officer, as defined in ORS 811.540;
(G) Vehicular assault of bicyclist or pedestrian under ORS 811.060;
(H) Reckless endangerment of highway workers, as defined in ORS 811.231;
(I) False accident report under ORS 811.740;
(J) Knowingly violating an out-of-service notice under ORS 825.990(2); or
(K) A violation of ORS 825.990(3).
(r) “Motor carrier” means for-hire carrier or private carrier as those terms are defined in ORS 825.005 and who is subject to the FMCSA Regulations.
(s) “Under the influence of intoxicants” means a person’s physical or mental faculties are adversely affected by use of over the counter drugs or a lawfully prescribed controlled substance to a noticeable or perceptible degree, unlawful use of a controlled substance or consumption of an intoxicating liquor within six hours of or while conducting or taking a certification drive test.
(2) The terms “employer” and “employee” are only applicable as used in OAR 735-060-0010 through 735-060-0130. They are not intended to affect any employer or employee rights, responsibilities or obligations.
Stat. Auth.: ORS 184.616, 184.619, 807.072 & 807.080
Stats. Implemented: ORS 807.040, 807.070, 807.072 & 807.080
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; MV 4-1987, f. & ef. 5-18-87; MV 23-1987, f. & ef. 9-28-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0600; MV 6-1990, f. & cert. ef. 4-2-90; MV 9-1991(Temp), f. & cert. ef. 7-26-91; MV 16-1991, f. 9-18-91, cert. ef. 9-29-91; MV 10-1992, f. 8-21-92, cert. ef. 9-1-92; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10; DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11
735-060-0030
Qualifications for Third Party Testers
(1) An entity, other than the Oregon Department of Education, must meet the following qualifications in order to be issued a CDL Third Party Tester Certificate:
(a) Agree to abide by all terms and conditions of a written CDL Third Party Tester Agreement with DMV;
(b) Maintain a business office or facility within the State of Oregon where driver testing records are securely kept and are available for inspection or audit by DMV, the Oregon Secretary of State’s Office or the FMCSA. To qualify as a business office or facility, it must be staffed and open during posted business hours or have a business phone with an answering service, answering machine or voice mail service, with the ability to return all business related messages no later than the following business day. The requirement that the business office or facility be within the State of Oregon is not applicable if the CDL Third Party Tester maintained driver testing records at a business office or facility outside the State of Oregon prior to June 1, 2010;
(c) Have a campus located in Oregon if the entity is a publicly-owned and operated educational facility;
(d) Have a DMV-approved testing program to administer standardized behind-the-wheel drive tests to applicants for a CDL license which complies with all the requirements set forth in OAR 735-060-0120;
(e) Have an owner or a CDL Tester Representative who is certified as a CDL Third Party Examiner or has applied for certification as a CDL Third Party Examiner or employ at least one certified CDL Third Party Examiner;
(f) Be in compliance with all federal, state and local laws or regulations, including all business and zoning requirements;
(g) Pass the inspection described in OAR 735-060-0040;
(h) Submit to DMV a schedule of all testing services offered and the fee charged for each of those services, if the Third Party Tester is compensated for testing services;
(i) Designate at least one CDL Tester Representative. If more than one CDL Tester Designated Representative may be the owner or a person employed by the CDL Tester. If more than one CDL Tester Representative is designated, the responsibilities of each must be clearly described, in writing, to the satisfaction of DMV;
(j) Have an active e-mail address;
(k) Have a business name that is registered and listed as active with the Corporate Division of the Oregon Office of the Secretary of State, unless the entity is a government agency; and
(L) The CDL Tester Representative must complete administrative training provided by DMV. DMV may require the CDL Tester Representative to complete periodic administrative training at the discretion of DMV.
(2) An entity may not qualify for a CDL Third Party Tester Certificate if:
(a) The entity has a Third Party Tester Certificate, a CDL Third Party Examiner Certificate or equivalent authorization, issued by any jurisdiction, that is currently suspended or revoked;
(b) The entity has had a CDL Third Party Tester Agreement, issued by any jurisdiction, involuntarily terminated. This section does not apply if the agreement was terminated more than five years from the date an application for a CDL Third Party Tester Certificate is submitted to DMV;
(c) An owner of the entity of the entity’s CDL Tester Representative has had a CDL Third Party Tester Certificate, a CDL Third Party Examiner Certificate or equivalent authorization, issued by any jurisdiction, that was suspended, revoked or involuntarily canceled or otherwise involuntarily terminated for conduct that would result in permanent revocation in Oregon;
(d) The entity, an owner of the entity or the entity’s CDL Tester Representative has a driver testing certificate, a driver training school certificate or driver training instructor certificate or equivalent authority, issued by any jurisdiction, that is currently suspended or revoked; or
(e) The entity has a partner, owner or shareholder who owns 20% or more of the business or an officer, director, agent or manager who:
(A) Has a CDL Third Party Tester Certificate, CDL Third Party Examiner Certificate, Driver Testing Certificate, Driver Training School Certificate, Driver Training Instructor Certificate or equivalent authorization, issued by any jurisdiction, that is currently suspended or revoked;
(B) Has had a CDL Third Party Tester Certificate, CDL Third Party Examiner Certificate, Driver Testing Certificate, Driver Training School Certificate, Driver Training Instructor Certificate or equivalent authorization, issued by any jurisdiction, that has been suspended, revoked or involuntarily canceled or otherwise involuntarily terminated within the five years immediately preceding the date an application for a CDL Third Party Tester Certificate is submitted to DMV; or
(f) The entity’s CDL Tester Representative, or a partner, owner or shareholder who owns 20% or more of the business, or an officer, director, agent, or manager has:
(A) Been convicted of a crime involving moral turpitude, including but not limited to, homicide, assault, kidnapping, a sexual offense, robbery, child pornography, fraud, forgery, perjury and theft or of a crime punishable as a felony involving the use of a motor vehicle, or a crime punishable as a felony involving possession, manufacture or distribution of a controlled substance, if DMV determines from the facts and intervening circumstance of the conviction that the person is not fit to perform the responsibilities of a CDL Third Party Tester and/or poses a risk to the safety of persons while performing those responsibilities; or
(B) Engaged in conduct that is substantially related to the person’s fitness to hold a CDL Third Party Tester Certificate and which demonstrates unfitness and inability to perform the responsibilities of a CDL Third Party Tester.
(g) The entity is a motor carrier who has an unsatisfactory safety rating from FMCSA or the Oregon Department of Transportation, Motor Carrier Transportation Division.
(3) The Oregon Department of Education must meet the following qualifications for a CDL Third Party Tester Certificate:
(a) All qualifications in section (1) of this rule except those described in sections (1)(e), (1)(h) and (1)(k);
(b) The Department’s CDL Tester Representative(s) and CDL Examiners must meet the requirements in section (2) of this rule; and
(c) Must administer a CDL Examiner Training Program as described by OAR 735-060-0095(2) and that has been approved by DMV.
Stat. Auth.: ORS 184.616, 184.619 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; MV 18-1986, f. & ef. 10-16-86; MV 4-1987, f. & ef. 5-18-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0630; MV 24-1988, f. & cert. ef. 7-1-88; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
735-060-0040
Inspection
(1) Before issuance of a CDL Third Party Tester Certificate, an applicant must pass an inspection to ensure compliance with all pertinent Oregon statutes, DMV administrative rules and federal regulations related to CDL Third Party testing. An authorized representative of DMV will, during regular business hours, inspect the applicant’s:
(a) Business office, facility or campus;
(b) CDL drive test route and testing procedures; and
(c) Vehicles used for testing purposes that are owned or leased by the applicant.
(2) DMV, the Oregon Secretary of State, or FMCSA may conduct a random inspection of the business premises, records and equipment of a CDL Third Party Tester to review compliance with all pertinent Oregon statutes, DMV administrative rules and federal regulations related to CDL Third Party testing. No notice will be given to the CDL Tester prior to the random inspection. The CDL Tester must consent to and fully cooperate with the random inspection.
(3) In addition to any other inspection, DMV will annually conduct an on-site inspection of each CDL Tester to review compliance with Oregon statutes, DMV administrative rules and federal regulations pertaining to CDL Third Party testing.
(4) An onsite inspection will include, but may not be limited to:
(a) CDL Third Party Tester records, including records of all drivers for whom a CDL drive test was conducted by a CDL Examiner of the CDL Third Party Tester, regardless of whether the driver passed or failed the test, and class rosters of drivers trained by the CDL Tester if the CDL Tester is also a commercial truck or bus driver training school licensed by the Oregon Department of Education;
(b) The business office, facility or campus;
(c) Testing procedures;
(d) Testing equipment, including vehicle(s) owned or leased by the CDL Tester and used for certification drive testing;
(e) A review of the CDL Third Party Tester’s qualifications as listed in OAR 735-060-0030;
(f) The testing procedures used by CDL Examiners of the CDL Third Party Tester;
(g) The CDL drive test route(s);
(h) Review of the CDL Third Party Tester’s compliance with all terms of the CDL Third Party Tester Agreement; and
(i) Any other related areas the DMV representative may deem necessary at the time of the inspection.
(5) As part of an inspection, a DMV representative may accompany a CDL Third Party Examiner on a certification drive test or retest a sample of the drivers who were tested by a CDL Examiner of the CDL Tester to compare pass/fail results.
(6) A DMV representative may pose as a customer of a CDL Third Party Tester without identifying himself or herself as an employee of DMV in order to observe the manner in which testing is conducted.
(7) To pass an inspection, the CDL Third Party Tester must be in compliance with the Oregon statutes, DMV administrative rules and federal regulations pertaining to CDL Third Party testing and the requirements of the CDL Third Party Tester Agreement.
(8) The DMV representative conducting the inspection will prepare a written report and specify any deficiencies that must be corrected. The CDL Third Party Tester will be given a copy of the report. Deficiencies identified must be corrected by the CDL Third Party Tester within 30 days of receipt of the report.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0635; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; 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
735-060-0050
Application for and Issuance of CDL Third Party Tester Certificate
(1) To apply for a CDL Third Party Tester Certificate, an applicant, other than the Oregon Department of Education, must:
(a) Meet all the requirements set forth in OAR 735-060-0030(1) and (2);
(b) Submit the following to DMV, CDL Third Party Testing, 1905 Lana Avenue NE, Salem, Oregon 97314:
(A) A completed application for a CDL Third Party Tester Certificate, DMV Form 6766, signed by the CDL Tester Representative;
(B) An original CDL Third Party Tester Agreement, signed by the CDL Tester Representative;
(C) A proposed drive test route(s) for each test location which meets the criteria set forth in OAR 735-060-0120;
(D) An application for a CDL Third Party Examiner’s Certificate, DMV Form 6767, for each CDL Examiner conducting drive tests for the CDL Tester; and
(E) Proof of comprehensive commercial liability insurance and proof of comprehensive auto liability insurance, if applicable, that meets the requirements specified in the CDL Third Party Tester Agreement. A public agency covered by the Oregon Tort Claims Act and which is self insured must submit a statement of self-insurance.
(2) To apply for a CDL Third Party Tester Certificate, the Oregon Department of Education must:
(a) Meet all the qualifications set forth in OAR 735-060-0030(1) except those described in sections (1)(e), (1)(h) and (1)(k);
(b) Have a CDL Tester Representative(s) and CDL Examiner(s) who meet the requirements of OAR 735-060-0030(2);
(c) Submit the following to DMV, CDL Third Party Testing, 1905 Lana Avenue NE, Salem, OR 97314:
(A) A completed application for a CDL Third Party Tester Certificate, DMV Form 6766;
(B) An original CDL Third Party Tester Agreement signed by the Department of Education’s Tester Representative; and
(C) Drive test route(s) for each test location meeting the criteria set forth in OAR 735-060-0120.
(d) Have a CDL Examiner Training Program and as described in OAR 735-060-0095(2) that has been approved by DMV.
(3) A CDL Third Party Tester Certificate is valid for two years, unless suspended, cancelled or revoked. The certificate will expire two years from the end of the month it is issued or renewed. For example, a certificate issued or renewed on April 2, 2009 will expire on April 30, 2011.
(4) A CDL Third Party Tester Certificate may be renewed. The following apply to renewal of the certificate:
(a) DMV will notify the CDL Third Party Tester of the pending expiration of the CDL Third Party Tester Certificate at least 60 days prior to the expiration date of the certificate;
(b) The CDL Third Party Tester must meet the qualification requirements set forth in OAR 735-060-0030;
(c) The CDL Third Party Tester must submit a CDL Third Party Tester Agreement signed by the CDL Tester Representative covering the period for which the certificate is valid.
(5) A CDL Third Party Certificate may be replaced if the original certificate is lost, mutilated or destroyed. To apply for a replacement certificate, a written request that describes the reason for the replacement must be submitted to DMV CDL Third Party Testing Program, 1905 Lana Avenue NE, Salem, Oregon 97314.
Stat. Auth.: ORS 184.616, 184.619 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0640; MV 24-1988, f. & cert. ef. 7-1-88; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
735-060-0055
Responsibilities of a CDL Third Party Tester
(1) A CDL Third Party Tester must do all of the following:
(a) Designate a CDL Tester Representative who must ensure the CDL Third Party Tester complies with all requirements of Oregon statutes, DMV administrative rule and federal regulation pertaining to CDL Third Party Testing including but not limited to the responsibilities set forth in this rule and OAR 735-060-0057. The CDL Tester Representative must receive administrative training conducted by DMV;
(b) Notify DMV in writing within 10 calendar days of any change in:
(A) The address of the CDL Third Party Tester’s business office, facility or campus;
(B) The location where the testing is conducted or a change in the drive test route(s);
(C) The status of a CDL Third Party Examiner or a CDL Tester Representative, including an individual who is hired or who has discontinued employment;
(D) The name and address of the CDL Tester Representative, registered agent, an owner, partner or shareholder owning 20% or more of the business or any officer, director, agent or manager; or
(E) The testing services offered to the public and fees charged for those services.
(c) Notify DMV in writing within 10 calendar days if:
(A) The CDL Third Party Tester goes out of business;
(B) The CDL Third Party Tester no longer meets the qualification requirements set forth in OAR 735-060-0030; or
(C) A CDL Third Party Examiner employed by the CDL Third Party Tester no longer meets the qualification requirements set forth in OAR 735-060-0090 including notification that the CDL Examiner has discontinued employment with the CDL Tester.
(d) Ensure that all CDL Third Party Examiners employed by the CDL Third Party Tester remain in compliance with all statutes, administrative rules and regulations pertaining to the qualifications and responsibilities of CDL Third Party Examiners.
(e) Make any and all business records, vehicles and facilities related to the operation of the CDL Third Party Tester’s testing program available for inspection by representatives of DMV, the Oregon Secretary of State or the FMCSA with or without prior notice.
(f) Correct any deficiencies specified in an inspection report within 30 days of receipt of the report.
(g) Ensure that vehicles provided by the CDL Third Party Tester for testing purposes meet the safety equipment standards of the Oregon Vehicle Code and federal regulations, are maintained in good mechanical condition, and are equipped with the following emergency equipment:
(A) Fire extinguisher; and
(B) Three flares or three approved reflectors.
(h) Comply with all Oregon statutes, DMV administrative rules and federal regulations pertaining to the CDL Third Party Testing program and with all terms of the CDL Third Party Testing Agreement.
(i) Notify DMV within 24 hours of any:
(A) Notice of a civil legal action filed against the CDL Third Party Tester or a CDL Third Party Examiner employed by the CDL Tester which is related to the administration of a test;
(B) Criminal investigation, arrest or conviction for an offense described in OAR 735-060-0030(2)(e)(C), a crime involving moral turpitude or any fraudulent activity related to CDL testing; or
(C) A complaint concerning the CDL Third Party Tester, the CDL Tester Representative or a CDL Examiner employed by the CDL Tester related to CDL testing.
(D) Known or suspected efforts to fraudulently obtain Oregon driving privileges.
(E) Disappearance of records maintained under 735-060-0057.
(j) Maintain the eligibility requirements set forth in OAR 735-060-0030 as applicable.
(k) Maintain and submit records as required by OAR 735-060-0057.
(L) Retain documentation to show the disposition, by form control number, of all CDL Certificates of Test Completion issued to the CDL Tester for a minimum of two years after the date the certificate was issued or voided by the CDL Examiner or by DMV.
(m) Ensure that before issuing a CDL Certificate of Test Completion each CDL Third Party Examiner employed:
(A) Obtain either a copy of the driver’s Oregon CDL instruction permit and Class C driver license, or the driver’s Oregon CDL; and
(B) Provide the driver with a receipt for all fees paid for services related to the certification drive test.
(n) Report:
(A) Scheduled tests to DMV with 48 hours advance notice;
(B) Test results to DMV within 48 hours of conducting tests; and
(C) All Certificate of Test Completion numbers used, whether or not the driver passed or failed or the certificate was lost or voided.
(2) A CDL Third Party Tester must not:
(a) Falsify any records or fraudulently issue a CDL Certificate of Test Completion to any person who has not passed a CDL certification drive test;
(b) Permit anyone except a certified CDL Third Party Examiner to conduct a CDL drive test or issue a CDL Certificate of Completion;
(c) Transfer its CDL Third Party Tester Certificate to any other person, employer, or publicly-owned and operated educational facility;
(d) Permit a CDL Third Party Examiner to issue a CDL Certificate of Test Completion to any person who was not tested in accordance with the requirements set forth in OAR 735-060-0120;
(e) Permit an Oregon Department of Education CDL Third Party Examiner to test a person who has not applied for an Oregon Department of Education School Bus Driver’s Certificate or Permit;
(f) Knowingly 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) Knowingly allow a CDL Examiner to conduct a CDL certification drive test while under the influence of intoxicants; or
(i) Permit a CDL Third Party Examiner employed by a commercial driver training school to test a driver who has been trained by the CDL Examiner or trained by anyone employed by the school.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.080
Stat. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: 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
735-060-0057
Record Requirements
(1) The CDL Third Party Tester must ensure records are maintained at the CDL Tester’s primary place of business or by each CDL Examiner at each testing location(s) for no less than two years from the date of the test as follows:
(a) A fully completed copy of the CDL test score sheet for each driver tested, regardless of whether the individual passed or failed the test. To be fully completed the CDL test score sheet must contain the driver’s full name and driver license number, the drive test location and route identifier, the CDL Examiner’s name as well as the test date and test results.
(b) A copy of either the valid Oregon CDL instruction permit and Oregon Class C driver license or valid Oregon CDL presented by the driver at the time of testing. The driver’s identifying information, including the photo, must be legible on the copy. A CDL Tester and CDL Examiner may not use a copy of the driver’s Oregon CDL instruction permit and driver license or Oregon CDL except to identify the driver for testing purposes and may not redisclose a copy for any purpose except as provided in subsection (3) of this rule, OAR 735-060-0040 and the CDL Third Party Tester Agreement.
(c) A copy of the receipt provided to the driver showing all fees paid to the CDL Tester and CDL Examiner for services related to a certification drive test as provided in OAR 735-060-0130(2).
(d) A fully completed copy of the CDL Certificate of Test Completion that was issued to each driver who passed or failed the test. To be fully completed, the CDL Certificate of Test completion must contain: the driver’s full name, date of birth, and driver license number; the CDL Examiner’s name, certificate number, signature and date signed; the CDL Tester’s name; the type of vehicle used for the test; the date of the test and whether the test vehicle had airbrakes, was a passenger-carrying vehicle or a school bus, and the driver’s signature and date signed.
(e) Copies of all CDL Certificates of Test Completion that have been voided by the examiner.
(2) The CDL Third Party Tester must retain documentation to show the disposition, by form control number, of all CDL Certificates of Test Completion issued by DMV to the CDL Tester. This documentation must be maintained for a minimum of two years after the date the certificate is issued or voided by the CDL Examiner.
(3) All records subject to this rule must be available for inspection by an authorized representative(s) of DMV, the Oregon Secretary of State, or the FMCSA, Monday through Friday between the hours of 8:30 a.m. to 4:30 p.m. Although DMV will normally arrange an appointment prior to an inspection, records must be available for inspection without an appointment or prior notice. Records may be retained in paper format or electronically but must be maintained in a manner allowing for timely and efficient retrieval and review. DMV may require that any record printed or completed in a language other than English be accompanied by a copy translated into English.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.080
Stat. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: DMV 16-2003, f. & cert. ef. 11-18-03, Renumbered from 735-060-0050(10), (11) & (12); 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
735-060-0060
Third Party Tester and Examiner Sanctions
(1) DMV will impose sanctions when it determines a CDL Third Party Tester or CDL Third Party Examiner has violated provisions of the Motor Vehicle Code, administrative rules promulgated by DMV or federal regulations related to CDL third party testing.
(2) DMV will impose a sanction determined by DMV to be appropriate for the particular violation. In determining an appropriate sanction, DMV may use the appropriate matrix set forth in either OAR 735-060-0065 or 735-060-0110 as a guideline and may consider the following criteria:
(a) The severity of the violation or its impact on the public;
(b) The number of similar or related violations;
(c) Whether the violations were willful or intentional; and
(d) The history of prior sanctions imposed by DMV.
(3) DMV will determine the steps to take or sanctions to impose when it determines violations have occurred or are occurring. These may include one or more of the following:
(a) A written warning, including those communicated on correction notices or inspection reports;
(b) Suspension of the CDL Third Party Tester’s Certificate and the right to apply for a certificate for up to one year;
(c) Suspension of the CDL Third Party Examiner’s Certificate and the right to apply for a certificate or renewal of a certificate for up to one year;
(d) Revocation of CDL Third Party Tester’s Certificate and the right to apply for a certificate or renewal of a certificate for up to five years;
(e) Revocation of the CDL Third Party Examiner’s certificate and the right to apply for a certificate or renewal of a certificate for up to five years;
(f) DMV will immediately suspend a CDL Third Party Tester or Third Party Examiner Certificate if DMV has reason to believe the Third Party Tester or Third Party Examiner participated in any fraudulent or criminal activity related to the issuance of a CDL Certificate of Test Completion or has violated any provision of the Code of Ethics and Rule of Conduct set forth in OAR 735-060-0115. The suspension will remain in effect pending the outcome of a contested case hearing;
(g) DMV will immediately suspend a CDL Third Party Tester Certificate if the general business liability or auto liability insurance has lapsed or is cancelled, or DMV determines a CDL Third Party Tester’s vehicle(s) used for testing is in an unsafe condition; and
(h) DMV will permanently revoke a CDL Third Party Tester or CDL Third Party Examiner Certificate if DMV determines the CDL Third Party Tester or CDL Third Party Examiner participated in fraudulent or criminal activity related to the issuance of a CDL Certificate of Test Completion, including, but not limited to violation of OAR 735-060-0115(1), (3) or (8). No principal, owner, shareholder, CDL Tester Representative or manager of a CDL Third Party Tester whose certificate is permanently revoked will be eligible for a CDL Third Party Tester or CDL Third Party Examiner Certificate.
(4) A CDL Third Party Tester or CDL Third Party Examiner whose certificate has been suspended or revoked is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413 to 183.500.
(5) When DMV takes action to suspend or revoke a CDL Third Party Tester or CDL Third Party Examiner Certificate, DMV will send notice in writing that the suspension or revocation will begin either in five days (an immediate suspension) or 30 calendar days from the date on the notice. The notice will be served by first class mail sent to the most recent address on record with DMV.
(6) Except as provided for in section (7) of this rule, a request for a hearing must be submitted in writing to, and received by, DMV within 20 days of the date of the notice of violation. If a hearing request is received in a timely manner the suspension or revocation will not go into affect pending the outcome of the hearing, unless the certificate is immediately suspended.
(7) If the certificate is immediately suspended as set forth in subsections (3)(f) and (g) of this rule, the request for hearing must be submitted in writing to, and received by, DMV within 90 days of the date of notice of suspension. The suspension will remain in effect pending the outcome of the hearing.
(8) Except as provided in OAR 137-003-0528, when no request for a hearing is timely received, the CDL Third Party Tester or CDL Third Party Examiner has waived the right to a hearing, the notice becomes the final order by default.
(9) If a CDL Third Party Tester or CDL Third Party Examiner Certificate has been revoked, the CDL Third Party Tester or CDL Third Party Examiner must reapply for an original certificate after the period of revocation and must meet all the requirements set forth in OAR Chapter 735, Division 60 rules. At the end of the suspension period of a CDL Third Party Tester or CDL Third Party Examiner Certificate, DMV will reinstate the certificate unless the certificate has expired or the CDL Tester or CDL Examiner does not meet the qualification requirements for the certificate. If the certificate has expired, the CDL Tester or CDL Examiner must reapply for an original certificate and must meet all the requirements set forth in the division 60 rules.
Stat. Auth.: ORS 184.616, 184.619 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0650; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
735-060-0065
Matrix for Tester Sanctions
DMV adopts the matrix of sanctions in Table 1 for CDL Third Party Tester violations. Table 1, CDL Tester Sanctions, is hereby adopted and made a part of this rule. As used in this rule, an offense will be considered a second or subsequent offense if the CDL Third Party Tester was notified orally or in writing within the three previous years of the occurrence of the same or a substantially similar offense. If more than three years have passed between sanctions for the same or similar offense, DMV will sanction as a first offense. [Table not included. See ED. NOTE.]
[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 184.616, 184.619 & 807.080
Stat. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: DMV 16-2003, f. & cert. ef. 11-18-03; DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
735-060-0090
Eligibility Requirements for Third Party Examiner Certificate
(1) No person may certify the competency of an applicant for a commercial driver license to safely operate a commercial vehicle by conducting a commercial driver license certification drive test under the authority of ORS 807.080 or 807.072(3), unless he or she has a valid CDL Third Party Examiner Certificate issued by DMV and conducts the driving test in accordance with Oregon statutes and DMV administrative rules.
(2) To be eligible for a CDL Third Party Examiner Certificate or to be allowed to renew or maintain a CDL Third Party Examiner Certificate a person must meet the following requirements:
(a) Be at least 21 years of age;
(b) Be an employee of a CDL Third Party Tester or an employee of an applicant for a CDL Third Party Tester Certificate or certified as a behind-the-wheel examiner for school bus drivers by the Oregon Department of Education;
(c) Is of good moral character and has not been convicted of a crime involving moral turpitude, including but not limited to, homicide, assault, kidnapping, a sexual offense, robbery, child pornography, fraud, forgery, perjury and theft or of a crime punishable as a felony involving the use of a motor vehicle, or a crime punishable as a felony involving possession, manufacture or distribution of a controlled substance if DMV determines from the facts and intervening circumstances of the conviction that the person is not fit to perform the responsibilities of a CDL Third Party Examiner and/or poses a risk to the safety of persons while performing those responsibilities.
(d) Except as provided in subsection (e) of this section, have and maintain valid Oregon commercial driving privileges in the classification for which the person will be conducting drive tests and with all required endorsements. To be valid, commercial driving privileges must not be suspended, revoked, canceled or otherwise withdrawn.
(e) If the person does not have valid Oregon commercial driving privileges, he or she must have valid commercial driving privileges issued by another state in the classification for which the person will be conducting drive tests and with all required endorsements. The person must meet the medical standards established by DMV for the operation of commercial motor vehicles and be issued a medical certificate. An operator who has not held Oregon CDL driving privileges for the three year period, may be required to submit a certified driving record from any jurisdiction that issued CDL driving privileges during that period;
(f) Has successfully completed the CDL Third Party Examiner training course as required in OAR 735-060-0095; and
(g) Must provide documented evidence including a recommendation from a previous employer, satisfactory to DMV, of at least one of the following:
(A) At least three years of commercial motor vehicle driving experience;
(B) At least two years of experience as an instructor with a licensed commercial truck driving school;
(C) At least two years of experience training commercial motor vehicle drivers for a private business or government agency; or
(D) At least two years of experience providing testing of CDL drivers for a governmental licensing agency;
(3) A person is not eligible for a CDL Third Party Examiner Certificate, or will not be allowed to renew or maintain a CDL Third Party Examiner Certificate if:
(a) The person is enrolled or participating in a DUII diversion program, or has restricted or suspended driving privileges under a driver improvement program, including an equivalent diversion or driver improvement program in another jurisdiction. This section will apply if the person was enrolled or participating in a diversion program or his or her driving privileges were restricted or suspended under a driver improvement program anytime within the three years preceding the date an application for a CDL Third Party Examiner Certificate is submitted to DMV;
(b) The person has been convicted of any major traffic crime. This subsection does not apply if the conviction occurred more than five years preceding the date an application for a Third Party Examiner Certificate is submitted to DMV;
(c) The person has been issued a CDL Third Party Tester or CDL Third Party Examiner Certificate by DMV that is currently revoked or suspended;
(d) The person has been issued a CDL Third Party Tester or CDL Third Party examiner Certificate by another jurisdiction, that is currently revoked or suspended, or that was revoked, involuntarily canceled or suspended within the five years preceding the date an application for a CDL Third Party Examiner Certificate is submitted to DMV; or
(e) The person has engaged in conduct that is substantially related to the person’s fitness to hold a CDL Third Party Examiner Certificate and which demonstrates unfitness and inability to perform the responsibilities of a CDL Third Party Examiner.
(4) In addition to the eligibility requirements of sections (2) and (3) of this rule, to be eligible for a CDL Third Party Examiner Certificate to conduct drive tests for school bus drivers for the Oregon Department of Education, a person must:
(a) Be certified by the Oregon Department of Education as a behind-the-wheel examiner; and
(b) Meet the requirements set forth in OAR 581-053-0220.
Stat. Auth.: ORS 184.616, 184.619 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; MV 18-1986, f. & ef. 10-16-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0670; MV 24-1988, f. & cert. ef. 7-1-88; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
735-060-0095
Third Party Examiner Training
(1) An applicant for a CDL Third Party Examiner certificate must successfully complete the Third Party Examiner training course as described in section (2) of this rule.
(2) The CDL Third Party Examiner training course must consist of instruction in all the information contained in the Oregon CDL Examiner’s Manual available from DMV.
(3) Upon successful completion of the Third Party Examiner training, the training course instructor must submit a copy of the class roster and indicate on the roster those individuals who passed the training course.
(4) The CDL Third Party Examiner training course may only be provided by DMV, a person or entity that has an agreement with DMV to provide training or the Oregon Department of Education.
Stat. Auth.: ORS 184.616, 184.619 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
735-060-0100
Application for CDL Third Party Examiner Certificate
(1) To apply for a CDL Third Party Examiner Certificate an applicant must:
(a) Meet all the eligibility requirements set forth in OAR 735-060-0090;
(b) Submit a completed Application for a Third Party Examiner Certificate, Form 6767, signed by the CDL Tester Representative, a Certified CDL Third Party Tester or applicant for a CDL Third Party Tester Certificate, to: DMV, CDL Third Party Testing Program, 1905 Lana Avenue NE, Salem, Oregon 97314; and
(c) A signed authorization from the applicant to conduct a criminal history information check.
(2) Unless suspended or revoked, a CDL Third Party Examiner Certificate will remain valid as long as the CDL Examiner is employed by a certified CDL Third Party Tester or is approved by the Department of Education. The certificate must immediately be returned to DMV by the CDL Third Party Examiner when the CDL Examiner is no longer employed by a CDL Third Party Tester or approved by the Department of Education.
(3) The Third Party Examiner Certificate issued to a CDL Examiner conducting testing for the Oregon Department of Education will be withdrawn upon request of the Director, Pupil Transportation Section of the Oregon Department of Education.
(4) The CDL Third Party Examiner Certificate will be withdrawn by DMV upon request of the CDL Third Party Tester by whom the examiner is employed.
(5) DMV will issue a replacement CDL Third Party Examiner Certificate if the CDL Third Party Examiner certifies that the original certificate has been lost, mutilated or destroyed. To apply for a replacement CDL Third Party Examiner Certificate, the person must submit a written request indicating the reason for the replacement to: DMV, CDL Third Party Testing Program, 1905 Lana Avenue NE, Salem, OR 97314.
(6) DMV will issue an additional CDL Third Party Examiner Certificate(s) when a CDL Third Party Examiner is employed by more than one certified CDL Third Party Tester. DMV must issue a corrected CDL Third Party Examiner Certificate when a CDL Examiner changes employers. To obtain an additional or corrected certificate, the CDL Examiner must:
(a) Meet all the requirements set forth in OAR 735-060-0090; and
(b) Submit a completed Application for a CDL Third Party Examiner Certificate, Form 6767, signed by the employing CDL Third Party Tester, to DMV, CDL Third Party Testing Program, 1905 Lana Avenue NE, Salem, OR 97314.
Stat. Auth.: ORS 184.616, 184.619 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; MV 18-1986, f. & cert. ef. 10-16-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0680; MV 24-1988, f. & cert. ef. 7-1-88; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
735-060-0105
Responsibilities of a CDL Third Party Examiner
(1) A CDL Third Party Examiner must:
(a) Remain in compliance with the eligibility requirements set forth in OAR 735-060-0090;
(b) Properly complete all forms required by DMV;
(c) Conduct all certification drive tests as set forth in OAR 735-060-0120;
(d) Conduct drive tests and issue CDL Certificates of Test Completion only for the class of vehicles authorized on the Third Party Examiner Certificate by DMV;
(e) Issue CDL Certificates of Test Completion only for the class of commercial license for which the driver is tested;
(f) Comply with the following requirements before issuing a CDL Certificate of Test Completion:
(A) Obtain either a copy of the driver’s Oregon CDL instruction permit and Oregon Class C driver license or the driver’s Oregon CDL. The driver’s identifying information, including the photo, must be legible on the copy; and
(B) Provide the driver a receipt for the fees the driver paid for all services relating to the certification drive test, including but not limited to fees for the drive test, travel time or distance, and vehicle rental. A fee may be collected only for those services listed on the schedule submitted to DMV under OAR 735-060-0030(1)(h). The receipt must be on a standard receipt form provided to the CDL Tester by DMV or, if not on the DMV form, the receipt must contain the same information. A receipt need not be provided when:
(i) The CDL Examiner is conducting a test for the Oregon Department of Education; or
(ii) The CDL Examiner is conducting a test for an employee of the CDL Tester.
(C) Place the CDL Certificate of Test Completion in an envelope and seal the envelope. The outside of the envelope must have the signature of the CDL Tester or CDL Examiner across the seal of the envelope; and
(D) Verbally instruct the driver that the envelope containing the certificate must be submitted to DMV within two years of the date it is issued and will not be accepted if the envelope is opened prior to its delivery to DMV.
(g) Successfully complete any additional training when required by DMV;
(h) Comply with all Oregon statutes, DMV administrative rules, and federal regulations pertaining to the qualifications and responsibilities of a CDL Third Party Examiner;
(i) Except as provided in section (2) of this rule, conduct a minimum of 12 certification drive tests during each 12-month period after the initial issuance date of the CDL Third Party Examiner Certificate;
(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 conduct certification drive tests for the CDL Third Party Tester on the CDL Examiner’s Third Party Examiner Certificate;
(L) Notify the CDL Third Party Tester within 24 hours of any notice of a civil legal action, a criminal investigation or arrest, or any complaint concerning administration of a certification drive test or issuance of a certificate of test completion by the CDL Examiner;
(m) Unless prior written approval is obtained from DMV, only conduct a certification drive test that has been scheduled at least 48 hours prior to the administration of the test; and
(n) Report to DMV all scheduled certification drive tests at least 48 hours prior to administration of the test. The test schedule must include the driver’s name, Oregon driver license number, the CDL examiner’s name, the date and time of each portion of the test, the class and type of vehicle to be used for the test, and identification of the drive test route. DMV must be notified of changes to the test location, test time, or additions that occur after submission of the schedule. DMV must also be notified of any cancellations that occur more than two hours before a scheduled test.
(o) Report to DMV the results of all certification drive tests within 48 hours of administering the tests. The results must include the Certificate of Test Completion number, the date and actual time of each portion of the test, the plate number and GVWR of each vehicle used for the test, and the passing test score if the driver passed the test or the failing test score and reason for failure if the driver failed the test.
(2) A CDL Third Party Examiner employed by the Oregon Department of Education is not required to conduct a minimum number of certification drive tests in a 12-month period.
(3) A CDL Third Party Examiner must not:
(a) Issue a CDL Certificate of Test Completion to any person:
(A) If the CDL Third Party Examiner did not administer a certification drive test to the person;
(B) If the CDL Third Party Examiner did not administer a certification drive test meeting the requirements of OAR 735-060-0120 to the person; or
(C) Who is known to not have valid driving privileges. Acceptable evidence of valid driving privileges requires that the driver present an Oregon driver license and CDL instruction permit or Oregon CDL that are not expired.
(D) Showing the person passed the certification drive test, when in fact the person did not pass the test.
(b) Falsify any records;
(c) Conduct certification drive tests without a valid CDL Third Party Examiner Certificate issued by DMV;
(d) Transfer his or her CDL Third Party Examiner Certificate to any other person;
(e) Knowingly assist a person in fraudulently obtaining driving privileges from DMV;
(f) Violate the Code of Ethics and Rules of Conduct set forth in OAR 735-060-0115;
(g) Allow any person to take a certification drive test if the CDL Examiner has reason to believe the person is under the influence of intoxicants;
(h) Knowingly test a relative or friend of the CDL Tester or a relative or friend of any employee of the CDL Tester; or
(i) Except as provided in section (4) of this rule, conduct a drive test with a driver who does not possess either:
(A) A valid Oregon CDL instruction permit along with a valid Oregon driver license that was issued at least 21 days prior to the date of the test; or
(B) A valid Oregon CDL.
(4) A CDL Third Party Examiner that conducts tests only for the Oregon Department of Education or a CDL Third Party Examiner that conducts tests only for employees of the CDL Third Party Tester must not conduct a drive test with a driver who does not possess a valid Oregon CDL instruction permit along with a valid Oregon driver license or a valid Oregon CDL.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: 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
735-060-0110
Matrix Third Party Examiner Sanctions
DMV adopts the matrix of sanctions in Table 2 for CDL Third Party Examiner violations. Table 2, Examiner Sanctions, is hereby adopted and made a part of this rule. As used in this rule, an offense will be considered a second or subsequent offense if the CDL Third Party Examiner was notified in writing within the three previous years of the occurrence of the same or a substantially similar offense. If more than three years have passed between sanctions for the same or similar offense, DMV will sanction as a first offense.
[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0690; MV 24-1989, f. & cert. ef. 10-3-89; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 3-2006, f. 3-17-06, cert. ef. 4-15-06; DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
735-060-0115
Code of Ethics and Rules of Conduct
A CDL Third Party Tester, CDL Tester Representative or CDL Third Party Examiner must adhere to the highest standards of professional conduct and will not engage in or knowingly allow any owner, officer, agent, director, manager or employee to engage in any of the following:
(1) Assist or knowingly allow an applicant for CDL driving privileges (the driver) to fraudulently:
(a) Receive a passing score for a drive test when the driver either failed the test or did not take the test; or
(b) Obtain driving privileges for which the driver is ineligible or has not qualified.
(2) Discrimination against any driver on the basis of race, religion, national origin, disability, age, sex or sexual orientation.
(3) Accepting or requiring anything of value from a driver when it is known or it is obvious that the offer is for the purpose of influencing the CDL Third Party Tester’s or CDL Third Party Examiner’s scoring of a test.
(4) Offering a bribe to or colluding with the inspector when it is known or it is obvious that the attempt is for the purpose of influencing the results of a DMV inspection or evaluation.
(5) Having sexual relations with or requesting sexual relations from a driver being tested. For purposes of this section, “sexual relations” means:
(a) Sexual intercourse; or
(b) Any touching of the sexual or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either party.
(6) Using physical force or a threat of physical force against a driver, unless such force or threat is necessary to avoid immediate danger to the safety of the driver, the CDL Third Party Examiner, employees of the CDL Third Party Tester or the general public.
(7) Possessing any unlawful controlled substance or intoxicating beverage or being under the influence of any intoxicating beverages, drugs or controlled substances while conducting a certification drive test.
(8) Falsifying of any document or knowingly making a misrepresentation on the CDL Third Party Examiner or CDL Tester applications or in any document that relates to any testing activity.
Stat. Auth.: ORS 184.616, 184.619 & 807.080
Stats. Implemented: ORS 807.080
Hist.: DMV 16-2003, f. & cert. ef. 11-18-03; DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10
735-060-0120
The Certification Drive Test
(1) DMV adopts the following FMSCA regulations in effect on July 1, 2008 and prescribes that these regulations establish the standards that must be followed in the testing for a commercial driver license:
(a) 49 CFR sec. 383.75, Third Party Testing; and
(b) 49 CFR sec. 383.131 through sec. 383.135.
(2) The certification drive test conducted under the CDL Third Party Tester program must be by a CDL Third Party Examiner. The CDL Third Party Examiner must:
(a) Be certified by DMV; and
(b) Not conduct more than eight CDL Class A, B, or C pre-trip vehicle inspection tests, eight basic control skills tests and eight on-road driving tests within a single calendar day;
(c) Begin and end all CDL skills tests during daylight hours;
(d) Conduct all CDL skills tests within the State of Oregon;
(e) Conduct the CDL skills tests in the same type and class of commercial vehicle. All CDL skills tests must be completed on the same calendar day unless the driver tested has previously failed the basic control skills or on-road drive test;
(f) Not conduct another on-road drive test until after the minimum waiting period set forth in OAR 735-062-0070(8) has passed, if the driver fails any CDL skills test;
(g) Conduct the same CDL skills tests that are administered by DMV examiners and use test scoring sheets approved by DMV;
(h) Not permit any person who is not a certified examiner, an official with DMV, an official with the FMSCA or the driver being tested to observe or participate in CDL skills tests without the prior approval of DMV; and
(i) Conduct all tests in English as required by OAR 735-062-0075(2)(d) and (e).
(3) The CDL Third Party Examiner must do the following before administering a drive test:
(a) Ensure the driver being tested has a valid Oregon CDL instruction permit and Oregon Class C driver license or a valid Oregon CDL and, if the driver does not have a CDL, the Oregon driver license was issued at least 21 days prior to the test as required by OAR 735-060-0105(3)(i). A certification drive test must not be administered if the CDL Examiner has reason to believe that the driver’s driving privileges are suspended, revoked, canceled or have otherwise been withdrawn; and
(b) View the driver’s Medical Certificate and any required medical waiver as described in OAR 735-063-0060.
(4) The certification drive test must be conducted in accordance with the federal regulations adopted by section (1) of this rule and the methods and procedures set forth in the Oregon Department of Transportation CDL Examiner’s Manual, incorporated herein. The certification drive test must include, but is not limited to, the following:
(a) A pre-trip inspection test. This test is designed to evaluate the driver’s ability to identify and operate the equipment on the vehicle in which he or she is being tested and to detect and identify unsafe vehicle equipment items. The specific items that must be inspected during a pre-trip inspection are those listed in the Oregon Department of Transportation CDL Examiner’s Manual;
(b) A basic control skills test. This test is designed to evaluate the driver’s ability to control the vehicle and judge the position of the vehicle in relation to other objects through basic starting, stopping, backing or parking maneuvers; and
(c) An on-road driving test. This test is designed to evaluate the driver’s competency to safely operate a commercial motor vehicle or combination of commercial vehicles under actual driving conditions. The driver must demonstrate safe and proper driving methods and procedures and knowledge of the traffic laws. The following apply to an on-road driving test:
(A) It must be conducted on a driving test route approved by DMV and meeting the specifications set forth in section (5) of this rule;
(B) The commercial motor vehicle or combination of commercial motor vehicles must be of the class for which the driver seeks a license or endorsement and must have the proper equipment in safe working order so that the vehicle(s) can be operated safely and legally. The CDL Examiner is not required to verify the safe condition of any commercial motor vehicle provided by the driver for an on-road test, but must not conduct the test if it is apparent the vehicle cannot be operated safely and legally; and
(C) The commercial motor vehicle or combination of vehicles need not be loaded, but the test must be conducted and scored as if the vehicle or combination of vehicles is loaded.
(5) The on-road driving test route must:
(a) Be designed to enable the CDL Third Party Examiner to evaluate the ability of the driver to perform the maneuvers listed in the Oregon Department of Transportation CDL Examiner’s Manual, incorporated by reference herein; and
(b) Meet the specifications for an on-road driving test for commercial driver licensing set forth in the Oregon Department of Transportation CDL Examiner’s Manual, incorporated by reference herein.
(6) The Oregon Department of Education may establish additional requirement for the pre-trip inspection and on-road driving test for a school bus driver certificate, but may not modify or omit any of the testing requirements set forth in these rules, including those in the Oregon Department of Transportation CDL Examiner Manual, incorporated by reference herein, without the prior approval of DMV.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0710; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 3-2006, f. 3-17-06, cert. ef. 4-15-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09; DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11
735-060-0130
The CDL Certificate(s) of Test Completion
(1) DMV will accept as the actual demonstration of a driver’s ability to drive a Class A, B, or C commercial motor vehicle under ORS 807.070(3)(b) a CDL Certificate(s) of Test Completion, DMV Form 6771, issued by a DMV-certified CDL Third Party Examiner that shows the driver passed the certification drive test.
(2) Before issuing a CDL Certificate of Test Completion, the CDL Examiner must:
(a) Obtain a copy of the driver’s Oregon CDL instruction permit and Oregon driver license or the driver’s Oregon CDL. The driver’s identifying information, including the photo, must be legible on the copy; and
(b) Provide the driver a receipt for the fees the driver paid for all services relating to the certification drive test, including but not limited to fees for the drive test, travel time or distance, and vehicle rental. A fee may be collected only for those services listed on the schedule submitted to DMV under OAR 735-060-0030(1)(e). The receipt must be on a standard receipt form provided to the CDL Tester by DMV or, if not on the DMV form, the receipt must contain the same information. A receipt need not be provided when:
(A) The CDL Examiner is conducting a test for the Oregon Department of Education; or
(B) The CDL Examiner is conducting a test for an employee of the CDL Tester.
(3) A CDL Certificate(s) of Test Completion, DMV Form 6771, will be accepted only when it is submitted by a driver who:
(a) Has passed a Commercial A, B, or C or endorsement certification drive test meeting the standards set forth in OAR 735-060-0120;
(b) Has valid driving privileges and has passed the necessary CDL knowledge tests and vision screening. A hardship or probationary permit does not constitute valid driving privileges; and
(c) Is applying for a Class A, B, or C commercial driver license or endorsement related to a commercial driver license.
(4) The CDL Certificate(s) of Test Completion must be:
(a) On DMV Form 6771 CDL Certificate(s) of Test Completion;
(b) Completed in its entirety by a CDL Third Party Examiner with a valid Examiner Certificate issued by DMV; and
(c) Submitted to DMV within two years of the date of the certification drive test in an unopened envelope sealed by the CDL Third Party Examiner.
(5) DMV will not accept a CDL Certificate(s) of Test Completion, DMV Form 6771, when:
(a) The CDL Certificate of Test Completion shows the driver did not pass the certification drive test.
(b) The driver failed a drive test(s) for CDL of the same class or a lower class and did not wait the required waiting period under OAR 735-062-0070 before taking a certification drive test from a CDL Third Party Examiner.
(c) The driver submits a CDL Certificate(s) of Test Completion in an envelope that has been opened prior to its being submitted to DMV;
(d) The driver submits a CDL Certificate(s) of Test Completion that includes any alterations;
(e) The driver submits a CDL Certificate(s) of Test Completion that is more than 2 years after the date of the drive test; or
(f) The driver was not tested by a CDL Third Party Examiner who is certified by DMV.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 807.080
Stats. Implemented: ORS 807.040, 807.070 & 807.100
Hist.: MV 11-1986, f. 6-27-86, ef. 7-1-86; Administrative Renumbering 3-1988, Renumbered from 735-031-0720; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; 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
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