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 25.16 - Sample Testing of Certified Drivers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the discretion of the department, the
				  employer shall permit the department to test a sample of its drivers tested and
				  certified by the employer, for the purposes of comparing pass/fail results
				  between the employer's Examiner and the department's Examiners.
(b) The selection of drivers to be tested
				  shall be determined by the department.
(c) The employer shall notify each certified
				  driver of the possibility of being required to pass a department-administered
				  test at the department's discretion.
(d) The department shall provide written
				  notice to the employer and the driver when the driver is selected for the
				  department-administered test.
(e)
				  The employer shall be held responsible for ensuring that the driver is
				  available for a test at the department within 30 days of the department's
				  notice for a department-administered test unless the driver is no longer
				  employed by the employer. The employer must submit a copy of the driver's drive
				  test score sheets to the department within 30 days of the written notice of the
				  selection. If the driver is no longer employed by the employer, the employer
				  shall notify the department within 10 days of receipt of the department's
				  notice of the selection for the department-administered test.
(f) The department shall invalidate the DL
				  170 ETP if the driver does not return to the department for the
				  department-administered test, which shall result in the driver's license being
				  downgraded to the previous class that the driver possessed before
				  certification.
(g) The department
				  will conduct an investigation of any driver who fails the
				  department-administered test and may require a re-examination of the driver to
				  retain the class of license issued through the DL 170 ETP.
(h) If the driver fails the
				  department-administered re-examination, the department shall downgrade the
				  license to the previous class that the driver possessed before
				  certification.
1. New
					 section filed 1-5-2004; operative 2-4-2004 (Register 2004, No.
					 2).
2. Amendment of subsections (f)-(g) and amendment of NOTE filed
					 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3.
					 Amendment of subsections (f) and (g) filed 11-3-2008; operative 12-3-2008
					 (Register 2008, No. 45).
4. Change without regulatory effect
					 amending subsections (f) and (g) 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), (f) and (g) filed 8-16-2018; operative 10-1-2018 (Register 2018, No.
					 33).
Note: Authority cited: Section
						1651, Vehicle
						Code. Reference: Sections
						12804.9,
						13800,
						13801 and
						15250,
						Vehicle Code; and Part 383, of Title 49 of the Code of Federal
						Regulations.