Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0003 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to terms in OAR Chapter 735,
				Division 60:
(1) "Administrative
			 training" means instruction provided by DMV to a CDL Third Party Tester
			 Representative that describes the administrative requirements and duties of a
			 CDL Third Party Tester, including but not limited to, maintaining records, CDL
			 road test route development, and proper completion of DMV-required reports in
			 CSTIMS.
(2) "Business day" means
			 8:00 a.m. to 5:00 p.m. any weekday, excluding any holiday when DMV is
			 closed.
(3) "Calendar day" means
			 the period that begins at 12:01 a.m. and ends at 11:59 p.m. on the same
			 day.
(4) "Cancel" in relation to a
			 CDL Third Party Tester Certificate of a CDL Third Party Examiner Certificate
			 means to void the authority granted by the certificate.
(5) "CDL" means a Class A, B or C Commercial
			 Driver License.
(6) "CDL skills
			 test" means the test, as described in OAR
			 735-060-0120, of the competency
			 of the CDL applicant to operate a CMV of the type and class for which the test
			 qualifies the CDL applicant.
(7)
			 "CDL Third Party Examiner" or "Examiner" means an individual who has been
			 authorized by DMV to administer a CDL skills test through a CDL Third Party
			 Tester.
(8) "CDL Third Party
			 Examiner Certificate" means a document issued by DMV that authorizes an
			 individual to administer, on behalf of DMV, a CDL skills test to a CDL
			 applicant.
(9) "CDL Third Party
			 Tester" or "Tester" means a person authorized by DMV to operate a CDL skills
			 testing program and provide a CDL Third Party Examiner to administer CDL skills
			 tests to determine driver competency.
(10) "CDL Third Party Tester Certificate"
			 means a driver competency testing document issued by DMV to authorize the
			 person to operate as a Tester, pursuant to ORS
			 807.080.
(11) "CDL Third Party Tester Representative"
			 or "Representative" means an individual, designated by the CDL Third Party
			 Tester, to be responsible for the Tester's activities required by
			 administrative rule and the CDL Third Party Tester Agreement.
(12) "CLP" means a commercial learner driver
			 permit issued under ORS
			 807.285.
(13) "CMV" means "commercial motor vehicle"
			 as defined in ORS 801.208.
(14) "CSTIMS" means Commercial Skills Test
			 Information Management System, a web-based computer system for scheduling and
			 reporting CDL skills tests information and results.
(15) "Commercial truck or bus driver training
			 school" means a licensed private career school or community college that offers
			 training to the general public in driving CMVs.
(16) "DMV" means the Driver and Motor Vehicle
			 Services Division of the Oregon Department of Transportation.
(17) "ELDT" has the meaning assigned that
			 term within OAR 735-063-0205.
(18) "FMCSA" means the Federal Motor Carrier
			 Safety Administration of the United States Department of
			 Transportation.
(19) "Motor
			 carrier" means a for-hire carrier or private carrier, as those terms are
			 defined in ORS 825.005 that is subject to the
			 FMCSA Regulations.
(20) "Oregon CDL
			 Examiner's Manual" (DMV Form 735-7306) means the document that provides
			 information to DMV and Examiners on administering a CDL skills test as provided
			 in OAR 735-060-0120.
(21) "Owner," when used in connection with a
			 person that is a CDL Third Party Tester, means a sole proprietor, partner,
			 officer, director or a shareholder who holds 20% or more of the
			 business.
(22) "Person" is as
			 defined in ORS 174.100.
(23) "Personal information" is as defined in
			 ORS 802.175.
(24) "Revocation" means the termination of a
			 CDL Third Party Tester Certificate or of a CDL Third Party Examiner Certificate
			 and the right to apply for the certificate for the length of time specified in
			 the Notice of Revocation.
(25)
			 "Suspension" means a temporary withdrawal of the authority granted by a CDL
			 Third Party Tester Certificate or of a CDL Third Party Examiner Certificate for
			 the length of time specified in the Notice of Suspension.
(26) "Test site" means the physical location
			 where an Examiner administers the pre-trip vehicle inspection and the basic
			 control skills test portions of the CDL skills test.
(27) "Traffic crime" is as defined in ORS
			 801.545.
(28) "Valid CDL" means a CDL issued to an
			 Examiner for the class of vehicle, with any necessary endorsement, required to
			 operate a CMV for which the Examiner intends to administer CDL skills tests.
			 "Valid CDL" does not include:
(a) A CDL with
			 restrictions that would make the Examiner's operation of the CMV unlawful under
			 ORS 807.010(2);
(b) A CDL that is currently expired,
			 suspended, revoked, cancelled, or otherwise withdrawn in any jurisdiction;
			 or
(c) A grant of driving
			 privileges issued as a permit.