Section 25.16 - Sample Testing of Certified Drivers(a) At the discretion of the department, the employer shall permit the department to test a sample of its drivers tested and certified by the employer, for the purposes of comparing pass/fail results between the employer's Examiner and the department's Examiners.(b) The selection of drivers to be tested shall be determined by the department.(c) The employer shall notify each certified driver of the possibility of being required to pass a department-administered test at the department's discretion.(d) The department shall provide written notice to the employer and the driver when the driver is selected for the department-administered test.(e) The employer shall be held responsible for ensuring that the driver is available for a test at the department within 30 days of the department's notice for a department-administered test unless the driver is no longer employed by the employer. The employer must submit a copy of the driver's drive test score sheets to the department within 30 days of the written notice of the selection. If the driver is no longer employed by the employer, the employer shall notify the department within 10 days of receipt of the department's notice of the selection for the department-administered test.(f) The department shall invalidate the DL 170 ETP if the driver does not return to the department for the department-administered test, which shall result in the driver's license being downgraded to the previous class that the driver possessed before certification.(g) The department will conduct an investigation of any driver who fails the department-administered test and may require a re-examination of the driver to retain the class of license issued through the DL 170 ETP.(h) If the driver fails the department-administered re-examination, the department shall downgrade the license to the previous class that the driver possessed before certification.Cal. Code Regs. Tit. 13, § 25.16
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (f)-(g) and amendment of NOTE filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsections (f) and (g) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
4. Change without regulatory effect amending subsections (f) and (g) 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), (f) and (g) filed 8-16-2018; operative 10-1-2018 (Register 2018, No. 33). Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 13800, 13801 and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (f)-(g) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsections (f) and (g) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
4. Change without regulatory effect amending subsections (f) and (g) 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 subsections (f)-(g) and amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
3. Amendment of subsections (f) and (g) filed 11-3-2008; operative 12-3-2008 (Register 2008, No. 45).
4. Change without regulatory effect amending subsections (f) and (g) 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), (f) and (g) filed 8-16-2018; operative 10/1/2018 (Register 2018, No. 33).