(a) The employer shall designate an Administrator, and shall designate one or more Authorized Representative(s) and one or more Examiner(s).
(1) The Administrator and Authorized Representative may be one and the same person under the same employer number.
(2) The Administrator may not act as an Examiner under the same employer number.
(3) The Authorized Representative may be an Examiner under the same employer number, but cannot assume or sign for both responsibilities on the same DL 170 ETP.
(b) The employer must ensure that all drivers are provided commercial driver training pursuant to subdivision (b) of Section 25.12 of these regulations prior to certification.
(c) The employer must enroll each commercial driver under its Employer Pull Notice number after issuance of the DL 170 ETP and during the driver's actual term of employment.
(d) The employer must enroll each Examiner under its Employer Pull Notice number during the employer and Examiner's contract period.
(e) When the employer receives a pull notice printout that reflects that an action has been taken against the Examiner's California commercial driver license that would disqualify the Examiner from conducting tests for certification purposes under subdivisions (a)(2) and (a)(3) of Section 25.22 of these regulations, the employer must immediately discontinue the Examiner's testing authority. The employer must notify the department of this disqualification within 10 days of receipt of the pull notice printout.
(f) Prior to allowing an Examiner to conduct a commercial driving test, the employer must:
(1) Ensure the Examiner is certified by the department pursuant to Section 25.22.
(2) Enter into a written contract with all new examiners at the time of appointment, and with existing examiners at the time of the employer's first renewal.
(3) Ensure each Examiner submits fingerprints at a California Live Scan facility at time of appointment and passes a nationwide background check prior to certification to administer a commercial driver's license skills test.
(4) Ensure each current Examiner submits fingerprints at a California Live Scan facility and passes a nationwide background check at time of first recertification.
(g) The employer's contract with the Examiner hereinafter referred to as the “Examiner's contract” must contain, at a minimum, the following provisions. The Examiner must:
(1) Have held a valid California Class A or Class B commercial driver license for at least three consecutive years with the appropriate classification and endorsement for new and reinstated examiners.
(2) Currently hold a valid California Class A or Class B commercial driver license with the appropriate classification and endorsements for the requested testing authority prior to being approved to attend training.
(3) Have attended and passed examiner training conducted by the department.
(4) Allow the employer to enroll him/her under the employer's Employer Pull Notice number.
(5) Verify that the driver has acquired a commercial learner's permit from the department prior to testing.
(6) Certify that the driver successfully completed the required commercial driving test (i.e., pre-trip inspection, skills test, and road test).
(7) Certify that the correct type of commercial vehicle(s) was used for the driving test.
(8) Provide the employer with the original DL 65 ETP, Part 1 and II, used during the driving test of drivers.
(9) Be available, between the hours of 8:00 a.m. to 5:00 p.m., with notice, to participate in the monitoring of the employer's third party testing program for the duration of the Examiner's contract and for a period of one year after contract termination.
(10) Not conduct commercial driving tests if his/her California commercial driver license is not valid or is on probation for negligent operation of a motor vehicle. Maintain his/her Examiner eligibility by attending required training and conducting skills tests on a minimum of ten different drivers per calendar year.
(11) Maintain a DL 819 ETP of all driving tests conducted, including failed driving tests, and provide a copy of the log to the Employer. Upon notification by the department, the employer will utilize the Commercial Skills Testing Information Management System (CSTIMS) for retention and transmission of skills test results in place of maintaining the DL 819 ETP.
(12) Not act as an Examiner for his/her own relative, supervisor, or for himself/herself.
(13) Not sign a DL 170 ETP for his/her own relative, supervisor, or himself/herself.
(14) Not knowingly sign a false or incorrect DL 170 ETP.
(h) Prior to the issuance of a DL 170 ETP, the employer must ensure that the driver was:
(1) Employed by the employer at the time of training.
(2) Trained prior to taking the driving test.
(3) Employed by the employer at the time the driving test is given.
(4) Employed by the employer at the time the DL 170 ETP was approved by the Authorized Representative.
(5) Required by law to hold a commercial license to operate commercial vehicles in the course of employment with this employer.
Credits
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
2. Amendment of subsections (f)(1) and (f)(10), new subsection (f)(11) and subsection renumbering filed 3-30-2005 as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-28-2005 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (f)(1) and (f)(10), new subsection (f)(11) and subsection renumbering refiled 7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-2005 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emergency amendments by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
6. Amendment of subsections (a)(3), (c), (g)(13)-(h) and (h)(4) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
7. Change without regulatory effect amending subsections (a)(3), (c), (f)(1), (g)(1)-(2)(g)(10), (g)(13)-(h) and (h)(4) and amending Note filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
