Section 25.06 - Authority and DefinitionsThe department is authorized in Part 383 of Title 49 of the Code of Federal Regulations to use third-party testers to conduct the commercial behind-the-wheel driving test under specified conditions. For purposes of these regulations, the following definitions apply:
(a) Certified Driver. A driver that has been issued a Certificate of Driving Skill (DL 170 ETP, Rev. 10/2017), which is hereby incorporated by reference, by his or her employer for the purpose of waiving the department-administered driving test portion of the commercial driver testing process.(b) Driving Test. The driving test is a performance test that consists of three components: a vehicle inspection, basic control skills, and road test. A driving test is also referred to as a CDL skills test.(c) Employee. Employee means a person who performs services for wages or salary under a contract of employment, expressed or implied for an employer. (See Labor Code Section 1132.2.). In addition, a volunteer of an employer who has an established volunteer workforce will be considered an employee, provided the employer has covered the employee under its Workers Compensation Insurance policy, and the employee has coverage under the Employer's liability insurance policy.(d) Employer Testing Program. The State of California's third-party commercial driver testing program. California Vehicle Code Section 15250(c) grants the department the authority to authorize third-party testers to conduct the commercial driving test portion of the commercial driver license testing process.(e) Employer. A California sole proprietor, partnership, company, corporation, association, government entity or any other entity that meets the enrollment criteria to participate in the Employer Testing Program.(f) Governmental Employer. The United States Government or any subdivision, department, court or agency thereof; the state or any subdivision, department, court or agency thereof, including special districts, school districts, the Board of Regents of the University of California; or any city, county, city and county or any agency or subdivision thereof.(g) Route Approval. A review by the department of an employer's primary and alternate driving test routes to ensure that each route meets the requirements set forth by the department for use by the Employer Testing Program participants.(h) Testing Location. A place of business in California where an employer is authorized by the department to conduct driving tests utilizing the department approved primary and alternate driving test routes.(i) Third-Party Tester. An employer with a place of business in California that is authorized by the department to conduct commercial behind-the-wheel driving tests for employees on behalf of the department. California Vehicle Code Section 15250(c) grants the department authority to authorize third-party testers to conduct the commercial driving test.Cal. Code Regs. Tit. 13, § 25.06
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (a), new subsection (f), subsection relettering and amendment of NOTE filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsection (a) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
4. Change without regulatory effect amending subsections (a) and (c), repealing subsection (f), relettering subsections 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) and (b) filed 8-16-2018; operative 10-1-2018 (Register 2018, No. 33). Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9 and 15250, Vehicle Code; Part 383, of Title 49 of the Code of Federal Regulations; and Section 1132.2, Labor Code.
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (a), new subsection (f), subsection relettering and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsection (a) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
4. Change without regulatory effect amending subsections (a) and (c), repealing subsection (f), relettering subsections and amending Note filed 6-19-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 25).
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (a), new subsection (f), subsection relettering and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsection (a) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
4. Change without regulatory effect amending subsections (a) and (c), repealing subsection (f), relettering subsections 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) and (b) filed 8-16-2018; operative 10/1/2018 (Register 2018, No. 33).