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State
California Regulations
TITLE 13. MOTOR VEHICLES DIVISION 1. DEPARTMENT OF MOTOR VEHICLES
database is current through 09/29/06, Register 2006, No. 39




Foreword
NOTE: It having been found, pursuant to Government Code Section 11344, that
the printing of the regulations constituting the Conflict of Interest Code is
impractical and these regulations being of limited and particular application,
these regulations are not published in full in the California Code of
Regulations. The regulations are available to the public for review or purchase
at cost at the following locations:
Department of Motor Vehicles
2415 First Avenue
Sacramento, California 95818
Fair Political Practices Commission
428 "j" Street, Suite 800
Sacramento, California 95814
Archives

Secretary of State
1020 "O" Street
Sacramento, California 95814
The Conflict of Interest Code is designated as Article 1, Chapter 1,
Division 1 of Title 13 of the California Code of Regulations, and consists of
sections numbered and titled as follows:
Article 1. Department of Motor Vehicles -Conflict of Interest CodeTOC Doc
Name ="", TOC Page Stream ="">Section

1. General Purpose
Appendix

Note: Authority cited: Section 87300,et seq., Government Code. Reference: Section 87300,et seq.,Government Code.


s 15.00. Information Required to Establish Legal Presence in the United States (U.S.) for Purpose of Determining Eligibility for an Original Driver License or Identification Card.
(a) U.S. citizens who apply for an original driver license or identification card shall submit one of the following documents that is legible and unaltered to establish proof of the person's legal presence in the United States.
(1) A certified copy of a United States birth certificate issued in or by a city, county, or state vital statistics department.
(2) A U.S. Certificate of Birth Abroad (FS-545, DS-1350) or a Report of Birth Abroad of U.S. Citizen (FS-240).
(3) A Proof of Indian Blood Degree issued by the federal government.
(4) A Certified Birth Certificate issued from:
(A) Puerto Rico, on or after January 13, 1941.
(B) Guam, on or after April 10, 1899.
(C) U.S. Virgin Islands, on or after January 17, 1917.
(D) Northern Mariana Islands, after November 4, 1986.
(E) American Samoa.
(F) Swain's Island.
(G) District of Columbia.
(5) A U.S. passport (Expired or unexpired).
(6) One of the following unexpired U.S. Military Identification Cards and documents:
(A) DD-2 for active duty, reserve or retired Air Force, Army, Marine Corps, or Navy.
(B) DD-1173 for dependents of active duty military personnel, Air Force, Army, Marine Corps, or Navy.
(C) AF-447, A-447, MC-447, N-447 for dependents of reserve duty military personnel, Air Force, Army, Marine Corps, or Navy.
(D) DD-1934 for Medical/Religious personnel.
(E) DD-214 Report of Separation for Air Force, Army, Marine Corps, or Navy personnel.
(7) Certificate of Naturalization (N-550, N-570, N-578).
(8) Certificate of Citizenship (N-560, N-561, N-645).
(9) Northern Mariana Card issued by INS (I-551).
(10) American Indian Card issued by INS (I-551).
(11) U.S. Citizen Identification Card (I-179, I-197).
(b) Immigrants shall submit one of the following United States Immigration and Naturalization Service (INS) documents or other document with an INS notation to prove their legal presence in the United States. Immigrants are persons who have lawful permanent residency status. Documents must be legible and unaltered to establish proof of the person's legal presence in the United States.
(1) Resident Alien Card (I-551, AR-3, AR-3A, AR-103).
(2) Temporary Resident Identification Card (I-688).
(3) Alien Registration Receipt Card (I-151) valid until declared invalid by INS.
(4) Permanent Resident Re-entry Permit (I-327).
(5) U.S. Border Crossing Identification Card and Visa (Known as the "Mica") with a valid I-94.
(6) A foreign passport stamped "Processed for I-551".
(7) Record of Arrival and Departure (I-94) stamped Temporary Evidence of Lawful Admission for Permanent Resident.
(c) Immigrants may also submit one of the following unexpired U.S. Military Identification Cards and documents:
(1) DD-2 for active duty, reserve or retired Air Force, Army, Marine Corps, or Navy.
(2) DD-1173 for dependents of active duty military personnel, Air Force, Army, Marine Corps, or Navy.
(3) AF-447, A-447, MC-447, N-447 for dependents of reserve duty military personnel, Air Force, Army, Marine Corps, or Navy.
(4) DD-1934 for Medical/Religious personnel.
(5) DD-214 Report of Separation for Air Force, Army, Marine Corps, or Navy personnel.
(d) Non-immigrants shall submit one of the following United States Immigration and Naturalization Service (INS), Canadian documents or other document with an INS notation to prove their legal presence in the United States. Non-immigrants are persons who have lawful temporary status for a specific purpose. Documents must be legible and unaltered to establish proof of the person's legal presence in the United States.
(1) Canadian passport (expired or unexpired).
(2) A certified copy of a Canadian birth certificate.
(3) Non-Resident Alien Canadian Border Crossing Card (I-185, I-586).
(4) Mexican Border Crossing Card (I-186 with a valid I-94 or I-586 with a valid I-94).
(5) Record of Arrival and Departure (I-94 or I-94W) with a valid foreign passport.
(6) Record of Arrival and Departure (I-94) with one of the following types of unexpired foreign passports to Hong Kong residents:
(A) Certificate of Identity.
(B) Document of Identity.
(C) British National Overseas (BNO).
(D) Hong Kong Special Administrative Region (HKSAR).
(e) Other documents which may prove legal presence in the United States are:
(1) A certified order or judgement from a court of competent jurisdiction stating the true full name, date of birth and that the applicant was born in the U.S. or U.S. Territories or that the applicant's presence in this country is authorized by Federal law.
(2) Certification provided by the California Youth Authority (CYA) which verifies the legal presence of the applicant.
(3) Certification provided by the California Department of Corrections (CDC) which verifies the legal presence of the applicant.
(4) Employment Authorization Card (I-688A, I-688B, I-766).
(5) Record of Arrival and Departure stamped "Refugee, or Asylee, Parolee or Parole" (I-94) coded: Section 207 (Refugee), 208 (Asylum), 209 (Refugees), 212d(5) (Parolee), HP (Humanitarian Parolee) or PIP (Public Interest Parolee).
(6) An immigration Judge's Order Granting Ayslum.
(7) Refugee Travel Document (I-571).
(8) Notice of Action (I-797) Approved Petition).



Note: Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference: Sections 12800 and 12801.5, Vehicle Code.


s 15.01. Out-of-State Driver License Verification for Driving Test Waiver.
(a) The "acknowledged national driver record data source" as specified in Section 12804.9 of the Vehicle Code shall be the National Driver Register Problem Driver Pointer System.
(b) The department shall inquire the Problem Driver Pointer System whenever an original California driver license applicant presents a license issued by another state, territory, or possession of the United States, District of Columbia, or the Commonwealth of Puerto Rico.
(c) Pursuant to Section 12804.9 of the Vehicle Code, the department may waive the behind-the-wheel drive test portion of the driver license examination process under the following conditions:
(1) An applicant presents an expired or unexpired driver license issued by another state, territory, or possession of the United States, District of Columbia, or the Commonwealth of Puerto Rico; and
(2) The department confirms through the Problem Driver Pointer System the status of the out-of-state driver license, and that there are no holds, stops, or other impediments (such as suspensions, revocations or withdrawals) to issuance of a California driver license.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804.9, Vehicle Code.


s 15.03. Terms of Issuance and Restrictions.
(a) The department shall issue a temporary driver license valid for up to 60 days provided there is no other cause for refusal pending verification of documents submitted as proof of legal presence, or to allow applicants sufficient time to provide such documents. The department may extend the temporary license if the applicant provides evidence that he/she is in the process of obtaining proof of legal presence.
(b) The department shall not issue a driver license or identification card if the documents submitted as proof of legal presence in the United States indicate an expiration date less than 61 days from the application date. Canadian and U.S. passports are not subject to this requirement.
(c) The department shall not accept an application for an original identification card if the applicant cannot provide one of the documents in Section 15.00 to establish proof of legal presence.
(d) The department may elect to verify the authenticity of any document provided as proof of legal presence. Verification of documents may include electronic verification systems or manual methods.
(e) The department may issue a driver license or identification card termed to expire on the same date as the expiration date on the valid INS document.



Note: Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference: Sections 12506, 12800, 12801.5, 12805, 12816, 13000, 13002 and 14100, Vehicle Code.


s 15.04. Social Security Account Number Verification.
(a) The department shall verify the authenticity of any social security number provided on a driver license or identification card application. Verification of social security numbers may include the use of electronic verification systems and manual methods.
(b) The department shall not issue a driver license or identification card, or a temporary license, interim license, or instruction permit, if the social security number submitted to the department does not match the records of the Social Security Administration.
(c) The department shall not accept an application for a driver license or identification card if the application does not include the applicant's social security number. Exception:
(1) If the application was submitted with document(s) that establish proof of the applicant's legal presence in the United States, AND
(2) The Department of Homeland Security verifies that the applicant is in the country legally but is not authorized to work, and is therefore ineligible for a social security number.



Note: Authority cited: Section 1651, Vehicle Code; andThomas Lauderbach et al., v. Frank S. Zolin, 35 Cal. App. 4th 578; 41 Cal. Rptr. 2d 434 (1995). Reference: Sections 1653.5, 12506, 12800 and 12801.5, Vehicle Code; andThomas Lauderbach et al., v. Frank S. Zolin, 35 Cal. App. 4th 578; 41 Cal. Rptr. 2d 434 (1995).



s 15.05. Appeals Hearings.
The department shall provide for an appeals hearing from denials of identification cards, driver licenses, or temporary driver licenses. The hearing shall be held in accordance with Article 3 (commencing with Section 14100) of Chapter 3 of Division 6 of the Vehicle Code. The only issue at the hearing shall be whether the department has acted properly in refusing to issue an identification card, a temporary driver license, or a permanent driver license.



Note: Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference: Sections 12506, 12800, 12801.5, 12816 and 14100, Vehicle Code.


s 15.06. True Full Name.
For purposes of this article, "true full name" is defined as the name specified on one of the documents listed in Section 15.00 in Article 2, Chapter 1, Division 1, of Title 13 of the California Code of Regulations necessary to establish legal presence, birth verification, or a name change, that is submitted at the time of application. The true full name shall be the name that appears on the driver license or identification card, and recorded on the driving record.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12800, 12800.7 and 13000, Vehicle Code.


s 15.07. Reduced Fee Identification Cards.
(a) An applicant for a reduced fee Department of Motor Vehicles identification card shall submit a completed Verification of Reduced Fee Identification Card, form DL 937, (NEW 8/2004), signed under penalty of perjury under the laws of the State of California by a representative of a governmental or non-profit entity pursuant to requirements of Vehicle Code Section 14902. The Verification of Reduced Fee Identification Card, form DL 937, (NEW 8/2004) is hereby incorporated by reference.
(1) The certification of eligibility in the Verification of Reduced Fee Identification Card shall be dated within 60 days of the application for the reduced fee identification card.



Note: Authority cited: Sections 1651 and 1678, Vehicle Code. Reference: Sections 1678 and 14902, Vehicle Code.


s 20.02. Definition of Motor Vehicles Documents.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12500 and 13000, Vehicle Code.


s 20.04. Information Required for a Name Change on a Driver License or Identification Card.
(a) Upon application for an original California driver license or identification card, the department shall require the applicant to produce identification necessary to ensure the name provided on the application is the individual's true full name.
(1) If the name provided on the application conflicts with the name on the document or documents submitted to establish legal presence or birth verification at the time of application, the department shall require the applicant to provide additional documentary evidence to establish that the name on the application is his or her true full name.
(b) Upon application for a renewal or duplicate California driver license or identification card, or before a California driver license or identification card may be issued, reissued, or returned to the licensee after a refusal, cancellation, probation, restriction, suspension or revocation of the person's driving privilege, the department shall require the applicant to produce identification when necessary to ensure the name provided on the application is the individual's true full name.
(c) Upon application for a change of name on a California driver license or identification card, the department shall require the applicant to produce identification to ensure the name provided on the application is his or her true full name.
(d) The department will accept an original or certified copy of one of the following documents that is legible and unaltered as additional documentation to establish the applicant's true full name as required by subsections (a) and (b), or as identification to establish the applicant's true full name for a name change:
(1) Any document specified in Section 15.00 in Article 2, Chapter 1, Division 1, of Title 13 of the California Code of Regulations.
(2) A completed Medical Information Authorization (Name and Gender Change) form DL 328 (Rev. 5/96), which is hereby incorporated by reference, verifying the applicant is in the process of, or has completed, a gender change.
(3) A document issued by a competent jurisdiction which contains the applicant's legal name, date of birth, if available, and government seal, stamp or other official imprint including, but not limited to:
(A) An adoption document which contains the legal name of the individual as a result of the adoption
(B) A name change document which contains the individual's legal name both before and, as a result of, the name change.
(C) A marriage certificate.
(D) A dissolution of marriage document which contains the legal name of the individual as a result of the court action.
(E) A certificate, declaration or registration document verifying the formation of a domestic partnership.
(4) For purposes of this subsection, "competent jurisdiction" is defined as any governmental agency within the United States, District of Columbia, territory or possession of the United States, including federal, state, and local agencies, or a foreign state or its equivalent, duly authorized to issue documents for adoption, name change, marriage, or dissolution of marriage.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12800, 12800.7, 12809 and 13000, Vehicle Code.


s 20.06. Identification Elements and Document Inspection Terms.
(a) In addition to the content and form of a driver license specified in Vehicle Code sections 12800.5 and 12811, the essential elements of identification on a driver license include:
(1) A description of the sex, hair, eyes, height, and weight of the individual.
(2) The type of license.
(3) Endorsements and restrictions assigned to the driving privilege.
(b) A visually mutilated driver license or identification card means any essential element of information contained on the driver license or identification card is obstructed, absent, illegible, or exposed through the protective sealant or other technologically advanced visual security feature.
(c) In addition to (b), if the driver license or identification card contains a magnetic stripe, mechanically mutilated means that the document is unable to pass through a mechanical device designed to read the essential elements of identification contained in the magnetic stripe located on the reverse side of a driver license or identification card.
(d) In addition to (b) and (c), if the driver license or identification card contains a magnetic stripe, electronically mutilated means that the driver license or identification card is unable to transmit essential elements of identification through an electronic process or device designed to read the information contained in the magnetic stripe located on the reverse side of a driver license or identification card.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12800.5, 12811, 12815, 13003, 13005 and 13005.5, Vehicle Code.


s 20.08. Replacement of an Invalid/Mutilated Document.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12815 and 13003, Vehicle Code.


s 25.01. Fraudulent Application for a Driver License or Identification Card.
(a) For the purposes of this section, "an application" means any form currently in use, under revision, or developed in the future by the department for the process of establishing driving privileges or personal identification.
(b) The department may revoke the driving privilege, for a period of up to one year, of an individual who submits an application for a driver license to the department which is determined to include, be substantiated with, or presented with fraudulent information or documentation. The individual may not reapply for a driver license until the period of revocation is completed. An individual subject to a revocation action pursuant to this section shall immediately surrender any California driver license issued, including temporary licenses, to the department or a peace officer upon notification of the action.
(c) The department shall immediately cancel an identification card which was issued based on submission of a fraudulent application. An individual subject to a cancellation pursuant to this section shall immediately surrender any identification card so canceled to the department or a peace officer upon notification of the action.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 20, 12809(d), 13101, 13004(a), 13359, 13551(a), 13362 and 14610, Vehicle Code.


s 25.06. Authority and Definitions.
The 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 (DL170ETP, Rev. 11/02 or Firefighter Certificate of Driving Skill (DL 170F ETP, New 11/05)) by his or her employer for the purpose of waiving the department-administered driving test portion of the commercial driver testing process. The Firefighter Certificate of Driving Skill form is hereby incorporated by reference.
(b) Driving Test. The driving test is a performance test that consists of three components: a pre-trip inspection, skills test, and road 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. (Example: Volunteer fire departments.)
(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) Firefighting Organization. A federal or state agency which provides firefighting services; or a regularly organized fire department of a city, county, city and county, or district; or a regularly organized fire department having official recognition of the city, county, city and county, or district in which the department is located.
(g) 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.
(h) 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.
(i) 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.
(j) 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.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; Part 383, of Title 49 of the Code of Federal Regulations; and Section 1132.2, Labor Code.


s 25.07. Employer Prerequisites.
(a) The employer requesting participation in the Employer Testing Program must be engaged in an activity that includes the use of vehicles requiring its employees to possess a valid Class A or Class B commercial driver license or a restricted firefighter Class A or Class B driver license.
(b) The employer must have a terminal(s) in California where business is conducted, driving tests are conducted, and Employer Testing Program records are kept. Rental of a desk or desk space in a structure that is not owned, leased, or rented by the employer does not constitute a valid place of business for purposes of Employer Testing Program qualifications.
(c) A firefighting organization may request limited participation in the Employer Testing Program to conduct behind-the-wheel driving tests only for the purpose of enabling a firefighter to obtain Class A or B license restricted to the operation of firefighting equipment.
(1) To request limited participation in the Employer Testing Program, the firefighting organization shall complete a Application for Employer Number Addendum (DL 520FETP, New 11/05), which is hereby incorporated by reference, in addition to the Application for Employer Number (DL 520 ETP, Rev 8/02).
(2) A firefighting organization that is granted limited participation in the program shall not be provided or authorized to issue a Certificate of Driving Skill (DL 170 ETP, Rev. 11/02).
(3) A firefighting organization that is granted limited participation in the program will be provided and authorized to issue a Firefighter Certificate of Driving Skill (DL 170F ETP, New 11/05).



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.


s 25.08. Employer Testing Program Enrollment.
(a) The employer requesting participation in the Employer Testing Program must submit:
(1) An original Employer Testing Program Application for Employer Number (DL520ETP, Rev. 8/02), hereinafter referred to as the Application (DL520ETP, Rev. 8/02). The Application (DL520ETP, Rev. 8/02) will serve as the employer's written agreement with the department. The completed Application (DL520ETP, Rev. 8/02) shall include the following:
(A) An indication of the type of Application, whether original or renewal.
(B) Name of employer.
(C) Previous employer number(s), if any.
(D) Mailing address (city, state, and zip code).
(E) Telephone number(s), including area code(s).
(F) Street address (city, state, and zip code).
(G) Number of commercial drivers employed.
(H) Number of commercial vehicles in fleet.
(I) Nature of business and use of vehicles.
(J) License class(es) for which driver testing authority is being requested. Requested authority must be consistent with the nature of the employer's business.
(K) Whether vehicles carry Hazardous Materials.
(L) Street address(es) (city(ies), state and zip code(s)) and telephone number(s), including area code where the primary and alternate driving test routes originate.
(M) The department's route approval numbers (both primary and alternate driving test routes), if using an existing department approved route(s).
(N) Facility name(s), street address(es) (city(ies), state, and zip code(s)) and telephone number(s), including area code where employer's training, testing and employment records are kept.
(O) List of Authorized Representative(s) by name, driver license number, telephone number including area code, address, whether the individual is being added or deleted and date of action.
(P) Administrator's driver license number.
(Q) Administrator's printed name and title.
(R) Administrator's signature under penalty of perjury under the laws of the State of California certifying that the contents of the Application (DL520ETP Rev. 8/02) are true and correct, and that the employer will abide by the provisions of Title 13, California Code of Regulations, Sections 25.06 through 25.22, and Vehicle Code Sections 12804.9(e) and 15250 (c) and (d), governing the Employer Testing Program.
(S) Administrator's office street address (city, state, and zip code).
(T) An indication of the employer's participation in the department's Employer Pull Notice (EPN) program and the EPN number, if applicable.
(2) Documentation of primary and alternate driving test routes on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/05) and the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02), which are hereby incorporated by reference, and route map(s) for each driving test route, for department review and approval.
(3) Non-governmental employers shall pay a non-refundable application fee of $45 ($15 for each year for a period of three years).
(b) The department shall assign a unique identifying number, hereafter referred to as the employer number, to each employer enrolled in the Employer Testing Program. Exception: Firefighting organizations may band together under one employer number when using the same driving test route(s).
(c) The department shall notify the employer of its assigned employer number and department route approval number(s) within 30 days of the department's receipt of a complete Application (DL520ETP Rev. 8/02) package.
(d) The department shall return the Application (DL520ETP, Rev. 8/02) to the employer within 15 days of the department's receipt of the Application if the Application is incomplete with a cover letter listing the items needing correction. No changes shall be made to the Application (DL 520ETP, Rev 8/02) by department staff.
(e) No amendment, alteration, or variation of the Application (DL520ETP, Rev. 8/02) and Application for Employer Number Addendum (DL520FETP, New 11/05) (firefighting organizations) shall be valid unless made in writing and signed by the employer's Administrator and approved by the department.
(f) A Firefighting organization may request limited participation in the Employer Testing Program to conduct behind-the-wheel driving tests only for the purpose of enabling a firefighter to obtain a Class A or B license restricted to the operation of firefighting equipment. Firefighting organizations requesting limited participation shall submit an Application for Employer Number Addendum (DL520FETP, New 11/05) which is hereby incorporated by reference. The addendum shall be submitted before or during an Employer's enrollment term in the Employer Testing Program.
(g) If the Application (DL520ETP, Rev. 8/02) process has not been completed within 12 months of the department's receipt of the Application (DL520ETP, Rev. 8/02), that Application (DL520ETP, Rev. 8/02) becomes void, and a new Application (DL520ETP, Rev. 8/02), and a non-refundable application fee must be submitted to the department.
(h) The department shall initiate a staggered renewal cycle for existing employers, by imposing a one, two, or three-year renewal period on a one-time basis at the time these regulations are adopted. Subsequent renewal periods shall be for the three-year period. The employer must renew its employer number every three years to remain active in the program.
(i) The department shall send the employer a renewal packet no later than 90 days prior to expiration of the employer number, which shall include:
(1) An Application (DL520ETP, Rev. 8/02) for completion.
(2) For firefighting organizations granted limited participation in the Employer Testing Program: An Application for Employer Number Addendum (DL520FETP, New 11/05).
(3) A list of drivers certified in the prior period for verification.
(4) A request for payment of an application fee ($15 for each year) from non-government employers.
(j) The employer shall submit, no later than 45 days prior to expiration of the employer number, the following to renew its employer number. Failure to meet this time frame and/or to provide the required documents may delay the renewal of the employer number.
(1) A completed and signed renewal Application (DL520ETP, Rev. 8/02).
(2) A completed and signed Application for Employer Number Addendum (DL520FETP, New 11/05), if applicable.
(3) A list of drivers certified in the prior period signed by the Administrator.
(4) Payment of an application fee ($15 for each year) from non-government employers.
(k) An existing employer shall be required to submit documentation of its primary and alternate driving test routes on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814 ETP, Rev. 2/05), the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02), and route map(s) for each driving test route, for department review and approval, with its first renewal Application (DL520ETP, Rev. 8/02).
(l) The department shall return the Application (DL520ETP, Rev. 8/02) within 15 days of the department's receipt if the renewal Application (DL520ETP, Rev. 8/02) is incomplete with a cover letter listing the items needing correction. No changes shall be made to the Application (DL520ETP, Rev. 8/02) by department staff.
(m) The department shall approve the application and notify the employer of its renewed employer number and any new department route approval numbers, within 30 days of receipt of a complete Application (DL520ETP, Rev. 8/02) package.
(n) At the discretion of the department, the employer number expiration date may be extended if all application requirements have been met.
(o) If the employer number is expired, cancelled, suspended, or revoked for more than 12 months, the employer shall submit an original Application (DL520ETP, Rev. 8/02) with the appropriate documents and application fees.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.


s 25.09. Application Changes.
(a) The following changes must be reported to the department within 10 days of occurrence in writing on company letterhead, or by submitting a completed and signed Application (DL520ETP, Rev. 8/02):
(1) Change of address.
(2) Change of Authorized Representative.
(3) Change in class of license for which driver testing authority is requested.
(b) A change of Administrator or change of employer name must be reported to the department within 10 days of occurrence by submitting an Application (DL520ETP, Rev. 8/02).



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.


s 25.10. Driving Test Routes.
(a) Upon adoption of these regulations, every employer who applies for a new and/or renewed employer number must provide documentation of primary and alternate driving test routes on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/05), Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02), and route map(s). Upon the department's approval, each route will be given a department route approval number.
(b) The department route approval number assigned to the route used for the driving test shall be required on the driving test score sheets and on the Certificate of Driving Skill (DL170ETP, Rev. 11/02) or on the Firefighter Certificate of Driving Skill (DL170FETP, New 11/05).
(c) The department may approve a waiver of missing route elements upon written request by the employer on the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02) prior to use of the route.
(d) Any changes to an approved route must be reported by the employer on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/05), Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02), along with the route map, and approved by the department prior to use. A new route number may be issued to changed routes.
(e) Corrections to any route found to be deficient by the Federal Motor Carrier Safety Administration (FMCSA), or its representative, and/or the department, or its representative, must be reported by the employer on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions DL814ETP, Rev. 2/05), Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02), and route map; and approved by the department before the new/revised route may be used.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.


s 25.11. Quality Assurance Oversight.
(a) The employer shall establish and maintain a quality assurance program that:
(1) Ensures compliance with all provisions and terms of the Employer Testing Program regulations contained in the California Code of Regulations, Title 13, Sections 25.06 through 25.22.
(2) Ensures adequate internal controls are established for program responsibilities, and appropriate separation of duties are in place for program participants, in accordance with Section 25.19 of these regulations.
(3) Authorizes the Federal Motor Carrier Safety Administration, or its representative, and the department to conduct random examinations, inspections and audits without prior notice.
(4) Permits the department, or its representative to conduct on-site inspections at least annually.
(5) Permits the department to retest certified drivers without cause to compare pass/fail results.



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.


s 25.12. Driver Training Program.
(a) Every employer shall establish a driver training program for its commercial drivers.
(b) Prior to testing employees for certification purposes under the Employer Testing Program, the employer must provide the employee commercial driver training that includes the following critical elements:
(1) Conducting a vehicle pre-trip safety inspection.
(2) Placing the vehicle or a combination of vehicles in operation.
(3) Using vehicle controls and emergency equipment.
(4) Operating the vehicle in traffic on public roads, and while passing other vehicles.
(5) Turning the vehicle.
(6) Braking and slowing the vehicle by means other than braking.
(7) Backing and parking the vehicle.



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.


s 25.13. Driving Test Program.
(a) The employer must establish a driving test program for certification purposes under the Employer Testing Program, which includes the utilization of the Commercial Driver License Driving Performance Evaluation criteria established by the department, in all driving tests used for certification purposes.
(b) All driving tests must be conducted by an Examiner who has been authorized by the department to conduct driving tests for the Employer Testing Program.
(c) All driving tests must be conducted on an employer's department approved route, with no deviations from the approved route.
(d) If the employer utilizes a commercial vehicle with special equipment plates during the driving test, a trip permit is required at the time of the test.



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.


s 25.14. Certificate of Driving Skill (DL170ETP and DL170FETP).
(a) Upon successful completion of the driving test, a Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) shall be completed and signed by the Authorized Representative, Examiner, and driver under penalty of perjury under the laws of the State of California.
(b) When the Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) is presented to the department, the department may waive the driving test for a Class A or B license or restricted firefighter license when the driver has first qualified for a Class C driver license, has met the other examination requirements for the license for which the driver is applying as specified in Vehicle Code Section 12804.9, and the department verifies that the Certificate of Driving Skill (DL170ETP Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) was issued under the provisions of the Employer Testing Program by an authorized employer.
(c) A Certificate of Driving Skill (DL170 ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) shall include the following:
(1) Driver's name.
(2) Driver's driver license number.
(3) Driver's address, including city, state and zip code.
(4) Driver's home telephone number, including area code.
(5) Driver's work telephone number, including area code.
(6) Driver's date of employment with employer.
(7) Driver's signature and date signed under penalty of perjury under the laws of the State of California, including city and county where executed.
(8) Date driver passed the driving test.
(9) Type of vehicle(s), and vehicle features, used in the driving test.
(10) Department route approval number.
(11) Vehicle license plate number(s).
(12) Trailer identification plate number(s), if applicable.
(13) Examiner's printed name.
(14) Examiner's California commercial driver license number.
(15) Examiner's signature and date signed under penalty of perjury under the laws of the State of California, including city and county where executed.
(16) Authorized Representative's printed name.
(17) Authorized Representative's driver license number.
(18) Authorized Representative's signature and date signed under penalty of perjury under the laws of the State of California, including city and county where executed.
(19) Authorized Representative's telephone number including area code and extension.
(20) Employer name.
(21) Employer address, including city, state, and zip code.
(22) Employer number.
(d) A Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) shall include all of the information on a Certificate of Driving Skill (DL170ETP, Rev. 11/02) pursuant to Section 25.14(c), and a statement that the driver understands that the license issued based on the certificate will be restricted to operation of firefighting equipment and Class C vehicles.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.


s 25.15. Record-Keeping Program.
(a) The employer shall keep records of Employer Testing Program related information on training and testing provided to its certified employee drivers. The employer's records shall include the following:
(1) The employee's full name, address, and driver license number.
(2) The type of instruction the driver was given during training.
(3) The date(s) instruction was given.
(4) The subjects covered.
(5) The total hours of instruction.
(6) The training instructor's full name and address.
(7) A copy of the instructor's contract with the employer, if applicable.
(8) The results of any driving test conducted in conjunction with the training.
(9) The driving test Examiner's name and driver license number.
(10) Examiner's written contract with the employer.
(11) An Employer Testing Program Examiner Driver Testing Log (DL 819 ETP, New 1/2005), which is incorporated by reference, shall document the driving tests conducted, including both passed and failed driving tests. A copy of the Examiner's log shall document the past 90 days of certificate activity. The Examiner's log shall include the following:
(A) Examiner Name.
(B) Examiner Driver License Number.
(C) Examiner class of driver license and endorsements.
(D) Examiner address, city, state and zip code.
(E) Examiner telephone number.
(F) Driver name.
(G) Driver's driver license number.
(H) Name of Driver's Employer.
(I) Date of driving test.
(J) Results of the driving test (passed/failed).
(K) Documentation of any training drive tests conducted pursuant to Section 25.22.
(12) A copy of the trip permit for any commercial vehicle with special equipment plates used in the driving test, valid for the date(s) of the test.
(13) All pass and fail driving test score sheets ETP CDL Pre-Trip Inspection Evaluation Score Sheet/ETP CDL Driving Performance Evaluation Score Sheet (DL65ETP, Rev. 4/03), which is hereby incorporated by reference, used for each employee who is tested for purposes of issuing a Certificate of Driving Skill (DL170ETP, Rev. 11/02) or a Firefighter Certificate of Driving Skill (DL 170FETP, New 11/05), pursuant to Section 25.22(d).
(14) A copy of each Certificate of Driving Skill (DL170ETP, Rev. 11/02) or a Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) issued.
(15) Documentation of the department approved primary and alternate driving test routes on the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/05), the Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02), and route map(s) for each driving test route.
(b) The employer must keep training records, driving test score sheets, employment records, examiner drive test logs, and all other Employer Testing Program related records for the three most recent years of the employer's participation in the Employer Testing Program and for a minimum of three years after the employer number becomes invalid (i.e., expired, cancelled, revoked, or suspended), during each driver's three most recent years of employment, and three years after the driver is released from employment.
(c) The employer shall make available all Employer Testing Program related records pertaining to driver training, testing, and employment, for monitoring by the Federal Motor Carrier Safety Administration, or its representatives, and the department during normal business hours at the record-keeping location identified on the employer's Application (DL520ETP, Rev. 8/02).
(d) At the department's request, the employer shall make records available which verify that:
(1) The Administrator and Authorized Representative are employees at the time of program activity.
(2) The drivers issued a Certificate of Driving Skill (DL170ETP, Rev. 11/02) or a Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) are its employees at the time of driver training, testing, and certification.
(3) The Examiner is under written contract with the employer at the time of the driving test.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.


s 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 Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) 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 Certificate of Driving Skill (DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05).
(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.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9, 13800, 13801, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regulations.


s 25.17. Cancellations/Reinstatements.
(a) An employer with an active employer number may at any time after issuance voluntarily cancel its employer number by submitting to the department an Employer Testing Program Voluntary Cancellation Request of Employer Number (DL520CETP, Rev. 8/03); or a written request to the department on employer letterhead with the following information:
(1) Employer name.
(2) Mailing address, city, state and zip code.
(3) Terminal physical address, city, state, and zip code.
(4) Telephone number, including area code.
(5) Employer number.
(6) Reason for cancellation.
(7) Effective date of cancellation.
(8) Date of request.
(9) Administrator's printed name and signature.
(b) An employer who has been granted a voluntary cancellation of its employer number and wishes to reactivate its employer number may do so, as long as the prior term of the employer number has not expired. An employer seeking to reactivate an employer number shall submit an Employer Testing Program Request for Reactivation Employer Number (DL817ETP, Rev. 7/02), which is hereby incorporated by reference, to the department. If the employer number expires within 60 days of the date of Request for Reactivation, the employer must submit a renewal Application (DL520ETP, Rev. 8/02), an Application for Employer Number Addendum (DL520FETP, New 11/05) when the employer is a firefighting organization requesting limited participation in the Employer Testing Program, the Employer Testing Program Commercial Driving Performance Evaluation Route and Directions (DL814ETP, Rev. 2/05), Employer Testing Program Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02), the route map, and payment of a $45 non-refundable application fee ($15 for each year for a three year period) for non-governmental employers. (continued)