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STATEHFAALIFOHNIA
DEPARTMENT OF MOTOR VEHICLES
A Public Service Agency
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EMPLOYER TESTING PROGRAM AGREEMENT
96-EN 9-5-43
Employer Number
INSERT CORRECT NOM9ER
7 1. This Agreement is between the Department of Motor Vehicles, hereinafter referred to as DMV,
8 and City of Santa Ana hereinafter referred to as the Firm, for the
COMPANY NAME
9 purpose of DMV accepting Certificates of Driving Skill issued bythe Firm in lieu of driving tests on
10 Class A or Class B license applications when the applicant is employed by the Firm and the
11 applicant has met the other requirements for the license for which he or she is applying.
12 2. This Agreement and the employer number issued to the Firm by DMV shall expire at the same
13 time. The term of expiration shall be for up to one year and shall be renewed annually.
14 3. This Agreement is subject to acts of the Federal Government pursuant to the Commercial Motor
15 Vehicle Safety Act of 1986 which may affect the provisions or terms of this Agreement and to any
16 restrictions, limitations, or conditions enacted by the California State Legislature and any
17 regulations promulgated pursuant thereto which may affect the provisions or terms herein in
18 any manner.
19 4. No amendment, alteration, orvariation of the terms of this Agreement shall be valid unless made in
20 writing and signed by the parties hereto, and no oral understanding or agreement, not
21 incorporated herein, shall be binding on either party.
22 5. This Agreement is subject to the right of either party to terminate the Agreement at any time
23 without cause by giving the other parry at least thirty (30) days prior written notice of such
24 termination.
25 6. The Firm shall be engaged in an activity which includes use of vehicles requiring the driver to
26 possess a Class A or Class B license.
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l"W
OL 5203 REV. 6/92)
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1 7. The Firm shall provide proof of the availability of a minimum of five (5) vehicles (at least tw
2 which are power units) which requirethe driverto possess a ClassAor Class B licenseto ope
3 Proof may be by license plate numbers or a copy of the lease agreement or contractual agrees
4 showing that the required vehicles are available.
5 8. The Firm shall have all required drive tests conducted by an examiner who holds a valid Calif;
6 Class A or Class B driver license of the type appropriate for the test vehicle, who has a satisfal
7 driving record, and who is not on probation for negligent operation of a motor vehicle.
8 9. An officer, agent, or employee of the Firm may not act as examiner or certifier for himself anr.
9 self or his or her own relative or supervisor. A separation of duties must exist to prevent confl
10 interest between the examiner, certifier or administrator.
11 10. Driver Testing and Training Required for all Drivers.
12 a. The Firm shall provide for, and require that its drivers participate in, a driver testing
13 ongoing training program which includes a drivetestfor each new driver employed, incl
14 persons currently holding commercial licenses.
15 b. The drive test given each new driver employed by the Firm shall include the followinc
16 • pre -trip safety inspection
17 • placing vehicle or combination in operation
18 • use of vehicle controls and emergency equipment
19 • operating vehicle in traffic on public roads, and while passing other vehicles
PO o turning the vehicle
21 • braking, and slowing by means other than braking
22 • backing and parking the vehicle.
P3 1 1. Drive test requirements for issuance of a Certificate of Driving Skill.
24 a. The drive test given by the Firm to those drivers issued a Certificate of Driving Skill mw
25 the drive test route requirements and drive test standards established by DMV'
28 commercial drivers. DMV will provide the Firm with information concerning these
27 ments and standards. DMV will also provide a sample of the drive test score sheet the
28 required to use to record and evaluate the driver's performance on the test.
DL 520B (REV. 6/92)
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1 b. The Firm shall issue Certificates of Driving Skill only to employees of the Firm who are: (1)
2 employed bythe Firm atthetimethe certificate is issued,and (2) required by lawtohold a com-
3 mercial license to operate commercial vehicles in the course of employment with this Firm.
4 c. The Certificate of Driving Skill will not be accepted in lieu of the DMV drive test for drivers of
5 tour buses.
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DL 520B (REV. 6/92)
d. At the discretion of DMV, the Firm shall permit DMV to test a sample of its drivers examined
and certified bythe Firm. The selection of drivers to be tested will be determined by DMV. Any
drivers who fail the test may be required by DMV to pass a DMV-administered test. The
employer shall notify each driver of this possibility.
12. Required Records.
a. The Firm shall keep records showing information on training given its drivers. The Firm's
training records shall include the following:
• the instructor's full name and address
• the driver's full name, address, and driver license number
• the type of instruction
• the date instruction was given
• the subjects covered
• the total hours of instruction
• the drive test examiner's name and driver's license number
• the results of any driver testing conducted in conjunction with the training.
b. The Firm shall keep trainingrecords forthe most recent three years during thedriver's employ-
ment and a minimum of three years from the date the driver is released from employment.
c. The Firmshall documenttheir drive test route. A map of, or written directions forthe drive route
must be available for DMV inspection.
d. The Firm shall keep a copy of the following:
• the drive test score sheets used for each driver issued a Certificate of Driving Skill
• the results of each drive test given all new drivers employed, including persons currently
holding commercial licenses.
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1 The Firm shall make such copies available during any inspection.
2 e. At DMV's request, the employer shall make records available which verify that drivers issued
3 Certificates of Driving Skill are employees of the Firm at the time of certification.
4 13. The Firm shall open its records pertaining to driver testing, training and qualifications for DMV
5 inspection during normal business hours.
6 14. The Firm shall allow DMV or its representatives, and the Federal Highway Administration or its
7 representatives, to conduct random examinations, inspections, and audits without prior notice
8 during regular business hours.
9 15. The Firm shall permit DMV or its representative to conduct on -site inspections at least
10 annually, during normal business hours, to be determined by DMV.
11 16. DMV may take prompt and appropriate remedial action against a firm which fails to comply with
12 the standards for the commercial driver license testing program, or with any other term of
13 this Agreement.
14 17. DMV may terminate this Agreement for cause and cancel, suspend, or revoke the employer
15 number issued to the Firm if the firm violates any provision of this Agreement, upon 15 days prior
16 written notice of such action.
17 18. DMV may terminate this Agreement for cause and without prior notice, if the Director of Motor
18 Vehicles finds.that the public interest so requires.
19 19. The Firm agrees to defend, indemnify and hold harmless DMV and its officers and employees
20 from anyand all claims, actions, damages or losseswhich maybe brought or alleged against DMV,
21 its officers or employees by reason of the negligent or unauthorized certification of drivers by
22 the Firm.
23 20. This Agreement is not assignable by the Firm, either in whole or in part, without the prior written
24 consent of DMV.
25 21. The Firm and its officers, agents and employees shall act in an independent capacity and not as
26 officers, agents or employees of DMV.
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0L 520B (HEV. 6192)
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DL 5209(REV. 6/92)
22. If the Firm utilizes a subcontractor in the performance of this Agreement, the subcontractor shall
be su bject to the same requirements as are identified in this Agreement for the Firm. The Firm shall
be responible and held liable for all program -related activities of the subcontractor.
23. DMV shall charge the Firma fee, as determined by DMV and established by regulation, which is
sufficient to defray the actual costs incurred by DMV for administering and evaluating the Firm's
testing and training programs and for carrying out any other activities deemed necessary by DMV
to assure sufficient training and testing of the drivers participating in the program.
24, This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
In witness thereof, this Agreement has been executed, by and on behalf of the parties hereto, the day
and year written below, and shall remain in effect until terminated in accordance with the terms of
this Agreement.
ATTEST:
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COUNCIL
Dated:
Dated:
City of Santa Ana
FIRM'S NAME
96 EN 9-5-43
EMPLOYER NUMBER
sy.
FIRM AUTHORIZED DMNISTRATOR
By:
AUTHORIZED REPRESENTATIVE,
EMPLOYERS TESTING PROGRAM UNIT
DEPARTMENTOF MOTOR VEHICLES