Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0055 - Duties of a CDL Third Party Tester

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Tester must:
(a) Meet the qualifications for a Tester
			 described in the Federal Motor Carrier Safety Regulations, OAR
			 735-060-0030, and the Third
			 Party Tester contract or agreement throughout the term of the
			 certification.
(b) Notify DMV in
			 writing prior to making any changes to, deviations from, or modifications to a
			 test site or an on-road drive test route unless there is good cause for such
			 change, deviation or modification due to an unexpected closure or safety issue
			 that could not be anticipated by the Tester or Examiner. Good cause includes,
			 but is not limited to, an accident, downed trees or power lines, flooding, or
			 unannounced construction. Any change, deviation or modification from an on-road
			 drive test route must not result in any scored maneuver being skipped. Any
			 change, deviation or modification from the test site or on-road drive test
			 route must be noted in CSTIMS along with an explanation of the cause for the
			 change, deviation or modification.
(c) Notify DMV in writing no less than 24
			 hours prior to any change in the address of Testing Business's office,
			 facility, or campus.
(d) Notify DMV
			 within 24 hours upon receipt of notice that Tester or any owner,
			 Representative, or Examiner employed by the business is the subject of a civil
			 legal action, criminal investigation, arrest or conviction, is enrolled in a
			 Driving Under the Influence of Intoxicants diversion program, or has received
			 any suspension, revocation, cancellation or disqualification of driving
			 privileges.
(e) Notify DMV within
			 24 hours if any owner, employee, Representative, or Examiner is no longer in
			 compliance with any requirement or qualification in OAR 735 Division 60,
			 Federal Motor Carrier Safety Regulations, or the CDL Third Party Testing
			 contract or agreement.
(f) Notify
			 DMV within 24 hours if the Tester goes out of business or if there is any
			 change in the status of an Examiner or a Representative, including an Examiner
			 or Representative who is no longer employed by or associated with the
			 Tester.
(g) Provide DMV a revised
			 record of services offered to the public related to CDL skills testing and the
			 fees charged by the Tester no less than 5 calendar days prior to any change in
			 those services or fees.
(h) Notify
			 DMV within 24 hours of any possible data breach of Tester's computer or
			 physical files that may result in a person accessing an applicant's personal
			 information and notify DMV within 10 calendar days of the possible data breach,
			 in writing, of how the data breach was resolved.
(i) Notify DMV within 24 hours of any
			 complaint concerning Testing Business or Examiner.
(A) Notify DMV within 10 calendar days of the
			 complaint, in writing, of how the complaint was resolved.
(B) Respond to an applicant who submits a
			 complaint to DMV within 10 calendar days of receiving notice from DMV, if a
			 response is requested by the applicant or DMV. Provide DMV a copy of the
			 written response or a written summary of a verbal exchange with the applicant
			 no later than 2 calendar days after the date of the response.
(j) Notify DMV's Third-Party
			 Programs Compliance Coordinator of suspected fraudulent activity or bribery
			 attempts within 24 hours of the activity or event.
(k) Ensure that all Examiners associated with
			 the Tester remain in compliance with all Federal Motor Carrier Safety
			 Regulations, state statutes, administrative rules, and terms of the Third Party
			 Tester contract or agreement related to the qualifications and duties of
			 Examiners.
(l) Ensure that before
			 any individual associated with the Tester views or enters information in
			 CSTIMS, the individual takes the CSTIMS Privacy Awareness Training.
(m) Make any and all business records,
			 vehicles and facilities related to the operation of the Tester's testing
			 program available for inspection by representatives of DMV, the Oregon
			 Secretary of State, or FMCSA with or without prior notice.
(n) Correct any deficiencies specified in an
			 inspection report within 30 calendar days of receipt of the report.
(o) Ensure that vehicles provided by the
			 Tester for testing purposes:
(A) Meet the
			 safety equipment standards of the Oregon Vehicle Code and Federal Motor Carrier
			 Safety Regulations, and are maintained in good mechanical condition;
(B) Are equipped with a fire extinguisher and
			 three flares or three approved reflectors;
(C) Are properly registered with the motor
			 vehicle licensing agency in the state in which they are licensed; and
(D) Are properly insured as required by the
			 Third Party Testing contract or agreement.
(p) Comply with all Oregon statutes, DMV
			 administrative rules and federal regulations related to the CDL Third Party
			 Testing program and with all terms of the CDL Third Party Testing contract or
			 agreement.
(q) Maintain and submit
			 records as required by OAR
			 735-060-0057.
(r) Ensure that before testing a CDL
			 applicant each Examiner administering tests for the Tester complies with the
			 requirements of OAR 735-060-0105(1)
			 excluding subsection (L).
(s)
			 Ensure all Examiners report and make entries into CSTIMS as required by these
			 rules and the Third Party Tester contract or agreement.