California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.1 - Commercial Driver Licenses › Section 25.06 - Authority and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department is authorized in Part 383 of Title 49 of the
					 Code of Federal Regulations to use third-party testers to conduct the
					 commercial behind-the-wheel driving test under specified conditions. For
					 purposes of these regulations, the following definitions apply:
(a) Certified Driver. A driver that has been
				  issued a Certificate of Driving Skill (DL 170 ETP, Rev. 10/2017), which is
				  hereby incorporated by reference, by his or her employer for the purpose of
				  waiving the department-administered driving test portion of the commercial
				  driver testing process.
(b) Driving
				  Test. The driving test is a performance test that consists of three components:
				  a vehicle inspection, basic control skills, and road test. A driving test is
				  also referred to as a CDL skills test.
(c) Employee. Employee means a person who
				  performs services for wages or salary under a contract of employment, expressed
				  or implied for an employer. (See Labor Code Section
				  1132.2.). In
				  addition, a volunteer of an employer who has an established volunteer workforce
				  will be considered an employee, provided the employer has covered the employee
				  under its Workers Compensation Insurance policy, and the employee has coverage
				  under the Employer's liability insurance policy.
(d) Employer Testing Program. The State of
				  California's third-party commercial driver testing program. California Vehicle
				  Code Section
				  15250(c)
				  grants the department the authority to authorize third-party testers to conduct
				  the commercial driving test portion of the commercial driver license testing
				  process.
(e) Employer. A California
				  sole proprietor, partnership, company, corporation, association, government
				  entity or any other entity that meets the enrollment criteria to participate in
				  the Employer Testing Program.
(f)
				  Governmental Employer. The United States Government or any subdivision,
				  department, court or agency thereof; the state or any subdivision, department,
				  court or agency thereof, including special districts, school districts, the
				  Board of Regents of the University of California; or any city, county, city and
				  county or any agency or subdivision thereof.
(g) Route Approval. A review by the
				  department of an employer's primary and alternate driving test routes to ensure
				  that each route meets the requirements set forth by the department for use by
				  the Employer Testing Program participants.
(h) Testing Location. A place of business in
				  California where an employer is authorized by the department to conduct driving
				  tests utilizing the department approved primary and alternate driving test
				  routes.
(i) Third-Party Tester. An
				  employer with a place of business in California that is authorized by the
				  department to conduct commercial behind-the-wheel driving tests for employees
				  on behalf of the department. California Vehicle Code Section
				  15250(c)
				  grants the department authority to authorize third-party testers to conduct the
				  commercial driving test.
1. New
					 section filed 1-5-2004; operative 2-4-2004 (Register 2004, No.
					 2).
2. Amendment of subsection (a), new subsection (f), subsection
					 relettering and amendment of NOTE filed 9-14-2006; operative 10-14-2006
					 (Register 2006, No. 37).
3. Amendment of subsection (a) filed
					 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
4. Change
					 without regulatory effect amending subsections (a) and (c), repealing
					 subsection (f), relettering subsections and amending NOTE filed 6-19-2014
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 25).
5. Amendment of subsections (a)
					 and (b) 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; Part 383, of Title 49 of the Code of Federal Regulations; and
						Section
						1132.2, Labor
						Code.