Or. Admin. Code § 735-063-0262
Current through Register Vol. 63, No. 12, December 1, 2024
Section 735-063-0262 - Entry-Level Driver Training RequirementsThis 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; orOr. Admin. Code § 735-063-0262
DMV 2-2022, adopt filed 01/25/2022, effective 1/25/2022Statutory/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