Ohio Admin. Code 4501-47-01 - Definitions and general provisions
(A) Materials incorporated by reference:
(1) "Application for Certification of
Commercial Driver License Third Party Examiner," form "BMV5812," (February, 2015
May
2016) may be obtained by writing to the "Ohio Bureau of Motor Vehicles,
1970 West Broad Street, Columbus, Ohio 43223."
or at http://www.bmv.ohio.gov.
(2) "Application for Certification of
Commercial Driver License Third Party Tester," form "BMV5811," (February, 2015
May
2016) may be obtained by writing to the "Ohio Bureau of Motor Vehicles,
1970 West Broad Street, Columbus, Ohio 43223."
or at http://www.bmv.ohio.gov.
(3) Code of Federal Regulations (C.F.R.)
provisions may be obtained by writing to "U.S. Government Printing Office, 400
7th Street SW, Washington D.C. 20590" or at http://www.ecfr.gov. Chapter 4501-47 of the
Administrative Code incorporates the following C.F.R. provisions:
(d)
49 C.F.R.
384.228 (November 17, 2023).
(e)
49 C.F.R.
384.229 (November 17, 2023).
(B) Definitions:
(1) "Applicant" - Any person authorized by
the department of public safety as eligible to take the skills test required
for commercial drivers by Chapter 4506. of the Revised Code.
(2) "Audit" - An examination by the
department or the federal motor carrier safety administration of records of a
third-party tester's transactions involving administration of the skills test,
in order to verify and authenticate the accuracy of the disbursement or
procedures and determine compliance with this chapter
and
,
49 C.F.R.
384.229 and
49 C.F.R.
383.75.
(3) "Chargeable accident" - Any violation of
a state or local law relating to motor vehicle traffic control other than a
parking violation arising in connection with any traffic accident.
(4) "Class A commercial driver's license" -
License required to operate any vehicle or combination of vehicles with a gross
vehicle weight rating of twenty-six thousand one pounds or more, if the gross
vehicle weight rating of the vehicles being towed is in excess of ten thousand
pounds.
(5) "Class B commercial
driver's license" - License required to operate any school bus; any vehicle
designed to transport manufactured homes; any single vehicle with two or more
axles and a gross vehicle weight rating of twenty-six thousand one pounds or
more; and any vehicle or combination of vehicles with two or more axles and a
gross vehicle weight rating of twenty-six thousand one pounds or more, if the
gross vehicle weight rating of the vehicle being towed is less than ten
thousand pounds.
(6) "Class C
commercial driver's license" - License required to operate any vehicle with a
gross vehicle weight rating of less than twenty-six thousand one pounds used in
the transportation of hazardous materials or any vehicle designed to transport
sixteen or more passengers including the driver.
(7) "Commercial driver's license or CDL" - A
license, including a probationary commercial driver's license, issued in
accordance with this chapter that authorizes an individual to drive a
commercial motor vehicle.
(8)
"Commercial motor vehicle" - Any motor vehicle designed or used to transport
persons or property that meets any of the qualifications set forth in division
(D) of section 4506.01 of the Revised
Code.
(9) "Department" - The Ohio
department of public safety.
(10)
"Director" - The chief officer of the Ohio department of public
safety.
(11) "Inspection" - A
review of test administration and related documents and records of the
third-party tester by the department or its representatives or the federal
motor carrier safety administration as required by
49 C.F.R.
383.75.
(12) "Third-party agreement" - The contract
that defines the terms of the third-party tester's responsibilities and
authorizes the third-party tester to administer skills tests to
applicants.
(13) "Third-party
examiner" - Any person trained in a course approved by the department of public
safety who has been certified as an approved third-party examiner, to conduct
skills testing of applicants for a commercial driver's license.
(14) "Third-party facility manager
primary
representative" - The person designated by the third-party tester to be
responsible for maintenance and recording of documents required to be kept by
each third-party tester.
(15)
"Third-party tester" - Any person, an agency of this state or another state, an
agency, department, or instrumentality of local government, authorized by the
department of public safety to administer a third-party skills test program
specified for commercial drivers by Chapter 4506. of the Revised
Code.
(16) "Third-party testing
facility" - Facility approved by the department of public safety to be used for
third-party testing which is owned, leased or under the control of the
third-party tester.
(17) "Skills
test" - The test of an applicant's ability to drive the type of commercial
motor vehicle for which the applicant seeks a commercial driver's license, or endorsement, by having the applicant perform the
pretrip, basic control, and road test maneuvers under the supervision of an
approved third-party examiner or state driver's license examiner; the pretrip,
basic control, and road test administered by the Ohio department of public
safety or an approved third-party examiner to an applicant for a commercial
driver license.
Notes
Promulgated Under: 119.03
Statutory Authority: 4506.09
Rule Amplifies: 4506.09
Prior Effective Dates: 10/02/1989 (Emer.), 12/18/1989, 06/03/2004, 11/24/2005, 05/27/2010, 11/19/2015
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