OAR 735-062-0073: Denial of Further Testing

DMV may refuse to continue a test or conduct further testing if the department determines that the person does not meet the qualifications for the class of license or endorsement for which the person is being tested. To show qualification for a license or endorsement, a person must demonstrate knowledge and understanding of the traffic laws of this state and must demonstrate the person’s ability to operate a motor vehicle without endangering the safety of persons or property: (1) A DMV employee may refuse to conduct or to continue a behind the wheel drive test if the employee reasonably believes that the person is likely to endanger persons or property while being tested. (2) DMV may deny a drive test, and deny further testing, prior to the start of the test if there are observable reasons to believe the person may endanger the safety of persons or property during a drive test. Observable reasons to deny a drive test before starting the test may include but are not limited to the following: (a) The person is visibly confused; (b) The person is unable to follow simple directions needed to prepare for the drive test; or (c) The person is unable to perform the safety check on the person’s vehicle before beginning the drive test. (3) DMV may immediately stop a drive test if the drive test examiner reasonably believes the person is likely to endanger persons or property. Reasons to immediately stop a drive test include, but are not limited to: (a) An accident during the drive test which could have been avoided by the driver being tested; (b) Dangerous driving behaviors including but not limited to the following: (A) Failure to obey traffic control devices; (B) Is prevented from causing an accident by the actions of other drivers or the examiner; (C) Turns from the wrong lane or into the wrong lane in a way that it impedes the right of way of others; (D) Fails to stop for a school bus that has its red lights flashing; (E) Fails to yield to a pedestrian or fails to stop when another vehicle is stopped at a crosswalk because a person is occupying the crosswalk; (F) Drives over a curb, sidewalk or median; (G) Depends on the action of other drivers for his or her own safety; or (H) Changes lanes or merges into traffic without checking for other vehicles. (c) Is an experienced driver who is unable to perform basic driving tasks; (d) Is unable to follow instructions to the point the drive examiner is not certain he or she can verbally guide the driver back to the DMV field office; or (e) Seems unaware of driving mistakes made, takes no responsibility as mistakes are pointed out and shows a pattern of denial of any error. (4) A DMV employee may use the guidelines in sections (2) and (3) of this rule, or other actions that occurred during a drive test, to refuse to conduct or continue testing and to recommend denial of further testing. (5) Upon review of the DMV employee’s recommendation and if DMV determines the person is likely to endanger persons or property during subsequent testing, DMV will deny further testing and will: (a) Send to a person who has not been issued Oregon driving privileges a notice denying further testing. The person is not entitled to a contested case hearing; or (b) Cancel driving privileges pursuant to ORS 807.350 and OAR 735-070-0010 and 735-070-0020 if the person has been issued Oregon driving privileges. (6) Someone who has been denied further testing under this rule must provide adequate proof to DMV that the person has taken steps to improve driving skills and as such can take a drive test without endangering the safety of persons or property. A person may provide proof, which may alone or in conjunction with other information constitute adequate proof, such as the following: (a) Successfully complete a driver training course conducted by an ODOT certified commercial driver training school and submits proof of completion to DMV. (b) Successfully complete a driver rehabilitation program conducted by a rehabilitation specialist and submits proof of completion to DMV. (c) Submit a medical report form showing that a licensed physician, physician’s assistant or nurse practitioner has conducted a diagnostic examination, showing to the satisfaction of the Medical Determination Officer that the person’s physical or mental disease or disability has improved or is controlled, so that it does not impair the person’s ability to safely operate a motor vehicle. (d) Show proof that an adaptive device, such as hand controls, has been added to the vehicle and show some documentation that the person knows how to use and has practiced with the adaptive device(s). (7) To satisfy the requirements of subsections (6)(a) or (b) of this rule, the proof submitted to DMV must include the following: (a) The applicant’s name and either a date of birth or Oregon driver license number; (b) A certificate or statement from the driver training instructor or school, or the rehabilitation specialist that the person successfully completed a driver training course or a driver rehabilitation program; and (c) The ODOT certification number of the commercial driver training school, or the rehabilitation program name, address, phone number and the name of the specialist who worked with the person. (8) To obtain a driver license or endorsement, an applicant who has been denied further testing, or a person whose driving privileges have been cancelled under subsection (5)(b) of this rule, must meet the requirements of section (6) of this rule and must submit an application, pay all required fees, and establish all qualifications for the class of license or endorsement sought. [ED. NOTE: Forms referenced are available from the agency.]