Current through Register Vol. 63, No. 9, September 1, 2024
This rule establishes the requirements to complete ELDT for
commercial knowledge and skills testing.
(1) Unless exempt under section (2) of this
rule, an applicant must complete all required ELDT from a certified training
provider listed in the TPR. An applicant:
(a)
For a Class A CDL, must successfully complete the Class A CDL ELDT prior to
taking a Class A CDL skills test. An applicant for a Class A CDL may optionally
fulfill this requirement by successfully completing the Class B to Class A
upgrade ELDT prior to taking the Class A CDL skills test if the person
previously held a Class B CDL.
(b)
For a Class B CDL, must successfully complete the Class B ELDT prior to taking
the Class B CDL skills test. An applicant for a Class B CDL may optionally
fulfill this requirement by successfully completing the Class A ELDT prior to
taking the Class B CDL skills test.
(c) For the hazardous materials endorsement,
must successfully complete the hazardous materials endorsement ELDT prior to
taking the hazardous materials endorsement knowledge test.
(d) For the passenger endorsement, must
successfully complete the passenger endorsement ELDT prior to taking the
passenger endorsement CDL skills test.
(e) For the school bus endorsement, must
successfully complete the school bus endorsement ELDT prior to taking the
school bus endorsement CDL skills test.
(2) Applicants are exempt from ELDT
requirements described in section (1) of this rule if:
(a) The applicant was issued a Class A CDL
before February 7, 2022 and provides proof as described in (3) of this section,
the applicant is not required to complete the Class A ELDT.
(b) The applicant was issued a Class B CDL
before February 7, 2022 and provides proof as described in (3) of this section,
the applicant is not required to complete the Class B ELDT.
(c) The applicant was issued a Class A CDL
before February 7, 2022 and provides proof as described in (3) of this section,
the applicant is not required to complete the Class B ELDT.
(d) The applicant was issued a CDL with an
endorsement described in sections (1)(c) - (1)(e) of this rule before February
7, 2022, the applicant is not required to complete the ELDT described in the
relevant section.
(e) The applicant
was issued a CLP prior to February 7, 2022, and is issued a CDL before the CLP
expires, the applicant is not required to complete the ELDT described in the
relevant section of this rule.
(3) Acceptable proof of a previously held
Class A or B CDL or endorsement as described in section 2 of this rule,
includes:
(a) An Oregon driver record showing
that the person previously held the class of CDL or endorsement;
(b) An official driver record from the
jurisdiction of issuance showing that the person previously held the class of
CDL or endorsement;
(c) A statement
on official letterhead from the issuing jurisdiction showing that the person
previously held the class of CDL or endorsement; or
(d) Any other acceptable proof as determined
by the department.
(4) An
applicant is not eligible to take a skills or knowledge test for a commercial
driver license or endorsement listed in section (1) of this rule unless the
applicant successfully completes the applicable ELDT and ELDT is verified, or
unless the applicant is exempted under section (2) of this rule.
(5) DMV may cancel a person's commercial
driving privileges in accordance with ORS
809.310 if DMV issued a CDL or
endorsement to a person and the person had not successfully completed the ELDT
required by this rule. A cancellation of the person's commercial driving
privileges under this section will continue indefinitely. DMV will clear the
cancellation when the person:
(a)
Successfully completes the ELDT required by this rule;
(b) Provides proof the person was exempt
under section (2) of this rule; or
(c) Downgrades the CDL or endorsement to the
driving privileges for which the person is eligible.
(6) A person downgrading a CDL or endorsement
due to cancellation of commercial driving privileges under section (5) of this
rule may not obtain a CDL or endorsement as described in OAR
735-063-0370(5),
until the person successfully completes the ELDT required by this
rule.
(7) When DMV cancels a
person's commercial driving privileges under section (5) of this rule, the
person may request an administrative review. The following apply to an
administrative review request:
(a) DMV will
notify the person of the right to request an administrative review in the
notice of cancellation.
(b) A
request for an administrative review must be in writing and must include:
(A) The person's full name;
(B) The person's complete mailing
address;
(C) The person's Oregon
driver license number; and
(D) A
brief statement of the facts and any evidence the person wants to present
showing they should not be subject to cancellation.
(c) A request for an administrative review
may also include the person's date of birth to assist with accurate
identification of the person.
(d)
To be received by DMV, the request for an administrative review must be:
(A) Personally delivered to DMV Headquarters,
1905 Lana Avenue NE, Salem, OR;
(B)
Delivered by mail to DMV Headquarters, 1905 Lana Avenue NE, Salem OR
97314;
(C) Received by facsimile
machine at FAX number (503) 945-5497; or
Statutory/Other Authority: ORS
184.619,
802.010,
809.310 & Oregon Laws 2021,
Chapter 630, Section 103
Statutes/Other Implemented: Oregon Laws 2021, Chapter 630,
Section 103 & 49 CFR Part 380
