Current through Register Vol. 63, No. 9, September 1, 2024
(1) The CDL skills
test is a three-part test of an individual's skills to safely operate a CMV.
The three parts are the pre-trip vehicle inspection test, the basic control
skills test, and the on-road drive test.
(2) DMV adopts the following FMCSA
regulations in effect on January 1, 2020, and prescribes that these regulations
establish the standards that must be followed in the administration of a CDL
skills test:
(a)
49 CFR sec.
383.71, Driver Applicant and Certification
Procedures;
(b)
49 CFR sec.
383.75, Third Party Testing;
(c)
49 CFR sec.
383.110 through sec.
383.123, Required Knowledge and
Skills; and
(d)
49 CFR sec.
383.131 through sec.
383.135, Tests.
(3) The CDL skills test must be
administered by a certified CDL Third Party Examiner. The Examiner must:
(a) Not administer more than six CDL skills
tests within a single calendar day.
(b) Begin and end all CDL skills tests during
daylight hours.
(c) Administer all
CDL skills tests within the State of Oregon.
(d) Administer all portions of the CDL skills
test in the same type and class of commercial vehicle.
(e) Complete all portions of the CDL skills
test on the same calendar day unless the CDL applicant fails or is unable to
complete any portion of the test, as described in section (8) of this
rule.
(f) Not administer another
CDL skills test until after the minimum waiting period set forth in OAR
735-062-0070(7)
has passed, if the CDL applicant fails any part of the CDL skills
test.
(g) Administer the CDL skills
test using the test scoring sheets approved by DMV.
(h) Not permit any person who is not an
Examiner, an official with DMV, an official with FMSCA or the CDL applicant
being tested to observe or participate in a CDL skills test without the prior
approval of DMV.
(i) Administer all
portions of the CDL skills test in English.
(4) A CDL skills test must not be
administered if the Examiner has reason to believe that the CDL applicant's
driving privileges are suspended, revoked, canceled or have otherwise been
withdrawn.
(5) The CDL skills test
must be administered and scored in accordance with the federal regulations
adopted by section (2) of this rule and the methods and procedures set forth in
the Oregon CDL Examiner's Manual. The CDL skills test must include, but is not
limited to, the following:
(a) A pre-trip
vehicle inspection test. This part of the CDL skills test must be administered
first and must be administered at the scheduled test site, except as provided
in OAR 735-060-0105(2)(b).
It is designed to evaluate the CDL applicant's ability to identify and operate
the equipment on the vehicle in which the CDL applicant is being tested and to
detect and identify unsafe vehicle equipment items as described in the Oregon
Commercial Driver Manual. The specific items that must be inspected during a
pre-trip inspection are those listed in the Oregon CDL Examiner's
Manual.
(b) A basic control skills
test. This part of the CDL skills test must be administered after the CDL
applicant has successfully completed the pre-trip vehicle inspection test and
prior to the on-road drive test, and must be administered at the scheduled test
site, except as provided in OAR
735-060-0105(2)(b).
It is designed to evaluate the CDL applicant's ability to control the vehicle
and judge the position of the vehicle in relation to other objects through
basic starting, stopping, backing or parking maneuvers. The specific exercises
that must be performed and the course layout that must be used during a basic
control skills test are those described in the Oregon CDL Examiner's
Manual.
(c) An on-road drive test.
This part of the CDL skills test, which must be administered after successful
completion of the basic control skills test, is designed to evaluate the CDL
applicant's competency to safely operate a commercial motor vehicle or
combination of commercial vehicles under actual driving conditions. The CDL
applicant must demonstrate safe and proper driving methods and procedures and
knowledge of the traffic laws. The following apply to an on-road drive test:
(A) It must be administered on the scheduled
on-road drive test route, except as provided in OAR
735-060-0105(2)(b).
(B) The commercial motor vehicle or
combination of commercial vehicles must be of the class for which the CDL
applicant seeks a license or endorsement and must have the proper equipment in
safe working order so that the vehicle(s) can be operated safely and legally.
The Examiner is not required to verify the safe condition of any commercial
motor vehicle provided by the CDL applicant for an on-road drive test, but must
not administer the test if it is apparent the vehicle cannot be operated safely
and legally.
(C) The CMV or
combination of CMVs must not be loaded, but the test must be administered and
scored as if the CMV or combination of CMVs is loaded.
(6) DMV will approve an on-road
drive test route if DMV determines that it:
(a) Enables the CDL Third Party Examiner to
evaluate the ability of the CDL applicant to perform the maneuvers listed in
the Oregon CDL Examiner's Manual; and
(b) Meets the specifications for an on-road
drive test for a CDL set forth in the Oregon CDL Examiner's Manual.
(7) DMV may determine that a
previously approved on-road drive test route is no longer approved if DMV
learns that the route is lacking required elements, or, due to road or traffic
conditions, trying to perform necessary maneuvers at a certain point on the
route may be unsafe. DMV will notify a Third Party Tester when a route may no
longer be used for an on-road drive test.
(8) If an applicant fails any part of the CDL
skills test, an approved Third Party Tester may accept a score for the part of
the CDL skills test that the applicant passed. DMV or a Third-Party Tester may
administer a subsequent CDL skills test for any part of the CDL skills test
that the applicant previously failed. DMV may not accept a score for any part
of the CDL skills test that the applicant previously passed if the applicant's
CLP has expired.
Statutory/Other Authority: ORS
184.619,
802.010 &
807.080
Statutes/Other Implemented: ORS
807.040 &
807.070
