Or. Admin. Code § 735-060-0120

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-060-0120 - CDL Skills Test

(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reason to believe that the CDL applicant's driving privileges are suspended, revoked, canceled or have otherwise been withdrawn.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.

Or. Admin. Code § 735-060-0120

MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0710; MV 6-1990, f. & cert. ef. 4-2-90; DMV 1-1998, f. & cert. ef. 1-26-98; DMV 16-2003, f. & cert. ef. 11-18-03; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 3-2006, f. 3-17-06, cert. ef. 4-15-06; DMV 17-2007, f. 12-24-07, cert. ef. 1-1-08; DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09; DMV 20-2010, f. 11-19-10, cert. ef. 1-1-11; DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16; DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019; DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019; DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021; DMV 3-2021, amend filed 01/28/2021, effective 1/28/2021

Statutory/Other Authority: ORS 184.619, 802.010 & 807.080

Statutes/Other Implemented: ORS 807.040 & 807.070