Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0105 - Duties of a CDL Third Party Examiner

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Examiner must:
(a) Meet qualifications set forth in OAR
			 735-060-0090 throughout the
			 period the Examiner holds the CDL Third Party Examiner Certification.
(b) Properly complete all forms and reports
			 required by DMV.
(c) Administer all
			 CDL skills tests as set forth in OAR
			 735-060-0120.
(d) Administer CDL skills tests only for the
			 class and type of CMVs authorized by DMV on the CDL Third Party Examiner
			 Certificate.
(e) Record accurate
			 information and scores in CSTIMS only for the class of CDL, including
			 endorsements and restrictions, for which the CDL applicant was
			 tested;
(f) Comply with the
			 following requirements before administering a CDL skills test:
(A) View and obtain a copy of the applicant's
			 unexpired Oregon CLP and unexpired Oregon driver license at the time of the
			 test. The CLP must have been issued at least 14 days prior to the date of
			 testing, be issued in the appropriate class, and contain all required
			 endorsements to operate the vehicle being used for testing. The CDL applicant's
			 identifying information, including the photo, must be legible on the copy;
			 and
(B) Provide the CDL applicant a
			 receipt for the fees the CDL applicant paid for all services relating to the
			 CDL skills test, if applicable, including but not limited to, fees for the CDL
			 skills test, travel time or distance, and vehicle rental. A fee collected must
			 be in the amount provided in the schedule submitted to DMV under OAR
			 735-060-0030(1)(L).
			 The receipt must be on a standard receipt form provided to the CDL Tester by
			 DMV. The receipt must be signed by both the CDL applicant and the Examiner. A
			 receipt need not be provided when the Examiner is employed by an
			 employer-related testing business and is administering a test to an employee of
			 the Tester.
(g)
			 Successfully complete any additional training when required by DMV, with the
			 Tester or Examiner responsible for all associated costs.
(h) Comply with all Oregon statutes, DMV
			 administrative rules, and federal regulations pertaining to the qualifications
			 and duties of a CDL Third Party Examiner.
(i) Administer all three portions of the CDL
			 skills tests to a minimum of 10 different CDL applicants during each calendar
			 year. If an Examiner does not meet that minimum number during a calendar year,
			 the Examiner must complete refresher training at the Tester's expense and may
			 be subject to an evaluation by DMV after completing the refresher
			 training.
(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 administer CDL skills tests for the Tester named on the Examiner's CDL
			 Third Party Examiner Certificate.
(l) Notify the Tester within 24 hours of any
			 notice of a civil legal action, a criminal investigation or arrest, or any
			 complaint concerning administration of a CDL skills test or conviction of a
			 traffic crime by the Examiner.
(m)
			 Report to DMV in CSTIMS complete and accurate information for all scheduled CDL
			 skills tests at least 48 hours prior to administration of the test. The test
			 schedule information must include;
(A) The
			 CDL applicant's name and Oregon driver license number;
(B) The class, issue and expiration dates,
			 and endorsements and restrictions on the CLP;
(C) The Examiner's name;
(D) The date and time of each portion of the
			 CDL skills test;
(E) The class and
			 type of vehicle to be used for the test, including transmission type and
			 whether the vehicle is equipped with airbrakes;
(F) Identification of the test site and
			 on-road drive test route; and
(G)
			 Test schedule reason.
(n) Unless prior approval is obtained from
			 DMV, only administer a CDL skills test that has been scheduled at least 48
			 hours prior to the administration of the test.
(o) Notify DMV of changes to the test site,
			 on-road drive test route or test date that occur after submission of the
			 schedule, but prior to the administration of the test.
(p) Report to DMV in CSTIMS the complete and
			 accurate results of all CDL skills tests within 24 hours of administering the
			 test. The results must include:
(A) The date
			 of the test;
(B) The actual start
			 and end times of each portion of the test;
(C) The test score or reason for an immediate
			 failure or cancellation if applicable; and
(D) Information on the vehicle used for the
			 test, including the following:
(i) The
			 jurisdiction in which the CMV is registered;
(ii) The CMV registration plate
			 number;
(iii) The class and type of
			 CMV; and
(iv) Whether the CMV has
			 airbrakes or air-over-hydraulic brakes, was a passenger-carrying CMV or a
			 school bus, had a manual or automatic transmission, or used a fifth-wheel hitch
			 system.
(q)
			 Upload testing documents to CSTIMS within 72 hours of administering the test.
			 Testing documents must include a copy of the applicant's CLP and driver
			 license, the test score sheet, and the fee receipt if one is
			 completed.