4501-47-02 Waiver of commercial driver's license skills test.  

  • Text Box: ACTION: Original Text Box: DATE: 08/29/2005 2:58 PM

     

     

     

    NOTIFICATION OF PUBLIC HEARING

    Notice of hearing to amend Rules 4501-47-01, -02, -04, and -11,

    to rescind Rules 4501-47-03, -05, -06, and -09, and

    and to adopt new Rules 4501-47-03, -05, -06, and -09 of the Ohio Administrative Code in accordance with Chapter 119. of the Ohio Revised Code

     

    Notice is hereby given that a hearing will be held by the Ohio Department of Public Safety for the purpose of considering proposed amendment of the above- listed administrative rules.

     

    Based on an Ohio Department of Public Safety Ohio Revised Code 119.032 rule review of Chapter 4501-47 of the Ohio Administrative Code and as authorized in Section 4506.09 of the Ohio Revised Code, the Ohio Department of Public Safety proposes to amend Rules 4501-47-01, -02, -04, and -11,

    to rescind Rules 4501-47-03, -05, -06, and -09, and to adopt new Rules 4501-47-

    03, -05, -06, and -09 of the Ohio Administrative Code regarding third-party commercial driver license (CDL) testing.

     

    The rule review of Chapter 4501-47 of the Ohio Administrative Code was undertaken and proposed changes are for the purpose of updating the rules to enhance security, to provide clarity, and to help ensure that only qualified commercial drivers are licensed.  New requirements for commercial driver's license third-party examiners include a requirement that they periodically provide to the Department of Public Safety an updated criminal abstract and other information already required to be kept on file. Proposed rule changes also include a requirement that CDL third-party examiners provide to the facility manager information including traffic violation convictions, action taken against their driver's licenses, involvement in chargeable crashes, and charges or convictions of listed criminal offenses. Proposed changes also provide that facility managers notify the Director of Public Safety in writing of the termination of a third-party examiner or of notice that an examiner's criminal or traffic conviction, crash, or driver's license action may disqualify the examiner's certification to administer CDL tests. For clarity, proposed changes include additional defined terms and the addition of a title number in references to federal rules. To help ensure CDL examiner proficiency, proposed new rule language includes requirements that CDL third-party examiners conduct a minimum number of CDL tests and that they perform all skills tests strictly in accordance with the requirements of the Department of Public Safety.

     

    Proposed new rule language prohibits discrimination by any person connected in any manner with a third-party test facility and prohibits a third-party test facility manager or owner from knowingly permitting any third-party examiner who is physically or mentally unfit from conducting CDL testing, and requires those who apply for or who hold a CDL examiner's certification to notify the facility manager where the person is employed of conditions that may affect the examiner's ability

     

     

     

     

     

    to safety or to effectively evaluate CDL applicants.

    To help protect against possible conflicts of interest and to help ensure adequate test site availability for the public, proposed new requirements include provisions that provide that third-party test sites will no longer be permitted to administer skills tests to applicants already employed by the third-party tester, that third- party testers will be prohibited from providing training at their testing site, or sharing any office space or skills test area with another third-party tester, a driver training school or enterprise, or any commercial motor carrier or commercial bus company, and that establish that all third-party test sites shall be open to the general public. Other proposed new requirements for CDL third-party testers include required maintenance of personal computers with internet access, a skills area of sufficient size to conduct all required CDL skills tests, and a copy of the rental agreement, lease agreement, or deed to the third-party test site facility property.

    A public hearing on the proposed rules will be held Friday, October 7, 2005 at 10:00 a.m. in room 109 (first floor) of the Charles D. Shipley Building, Ohio Department of Public Safety, 1970 West Broad Street, Columbus, Ohio.

    Either written or oral testimony will be received at the hearing.  Additionally, written comments received at the address below before the hearing will be treated as testimony.

    Requests for a copy of the proposed rules or comments on them should be submitted in person or by mail to the following address:  Office of Legal Services, Ohio Department of Public Safety, 1970 West Broad Street, Suite 531, P.O. Box 182081, Columbus, Ohio  43218-2081, Telephone: (614) 466-7014.