Or. Admin. R. 735-062-0040

Current through Register Vol. 63, No. 8, August 1, 2024

Section 735-062-0040 - Knowledge Test

(1) Applicants for an original driver license, driver permit or endorsement must pass the knowledge test(s) required under ORS 807.070(2).

(2) The knowledge test(s) will be specific to the class of license or endorsement sought. The test(s) will examine the applicant's knowledge and understanding of traffic laws, safe driving practices and factors that cause accidents.

(3) All knowledge tests are closed book. During a test an applicant is not allowed to use any study guides, manuals, notes, electronic devices or any other items to assist the applicant in obtaining answers to the test questions. During a test an applicant may not obtain an answer to any test question from another person.

(4) The applicant must take the knowledge test at DMV's website or in a DMV office. The first knowledge test for a driver license, driver permit or endorsement may be conducted the day the applicant is not ineligible for driving privileges, including meeting the minimum age requirement for the driving privileges for which the applicant is applying.

(5) Applicants may take a knowledge test at DMV's website if the applicant has failed three or fewer online knowledge tests taken on DMV's website, in accordance with section (6) and either of the following:

(a) The applicant is under 18 years of age and is applying for a Class C non-commercial driver license; or

(b) The applicant is applying for a motorcycle endorsement.

(6) If the applicant fails the Class C non-commercial or motorcycle knowledge test, additional knowledge tests may be conducted at DMV's website or in a DMV office, unless the applicant has failed four knowledge tests at DMV's website. Once an applicant fails four knowledge tests using DMV's website, the applicant must take all subsequent knowledge tests in a DMV office. The knowledge tests conducted at DMV's website do not have to be conducted consecutively to count toward the total of four failed online knowledge tests.

(7) If the applicant fails the knowledge test, the applicant may take additional knowledge tests immediately after the failed attempt, subject to DMV office, DMV website, or DMV knowledge testing machine availability.

(8) If the applicant is under 18 years of age and takes a knowledge test at DMV's website, a proctor must monitor the applicant during the test.

(9) A proctor monitoring the applicant under section (8) of this rule:

(a) May not charge a fee for monitoring the applicant during the knowledge test and is limited to proctoring five different applicants within a twelve-month period.

(b) Is not required to possess a valid driver license or identification card.

(10) An applicant is cheating on a knowledge test if a DMV employee, during the test or when reviewing video from a surveillance camera, observes behaviors such as, but not limited to, the following:

(a) The applicant clearly using notes, a study guide, a copy of the test, or any other kind of written material that may provide the answer to a test question.

(b) The applicant clearly using an electronic device with the capability for sound, email, text messages, web access including, but not limited to, a cellular phone, personal digital assistant or wireless handheld device.

(c) The applicant clearly obtaining answers to test questions from another person, either verbally or through the use of any type of physical gesture or signal.

(11) DMV will determine that the applicant is cheating if a DMV office manager, office team leader, or designee confirms the observation of the DMV employee as described in section (10) of this rule.

(12) If DMV determines an applicant is cheating, DMV will:

(a) Stop the test if the applicant is still completing the test; or

(b) Cancel any driver license, driver permit or endorsement that was issued based on a passing test score, if the applicant was issued a driving privilege based on test score achieved through cheating.

(13) Except as otherwise provided in this section, if DMV determines an applicant cheated, the applicant must wait 90 days before the applicant may take a subsequent knowledge test. DMV will provide the applicant written notice of the 90-day waiting period either by handing the applicant notice on the day of the test or by mail if the applicant left the office without such notice. DMV may waive the 90-day waiting period required under this section if the person provides proof the waiting period creates an extreme hardship. The person must provide evidence of the hardship such as, but not limited to:

(a) A statement from an employer that the person's inability to obtain driving privileges or an endorsement will result in the loss of a job or of a job opportunity because the job requires driving a motor vehicle; or

(b) A statement from a physician that the person or a member of the person's immediate family is in need of regular medical treatment and that there is no alternative transportation.

(14) When DMV determines an applicant cheated on a knowledge test as described in section (11) of this rule, the applicant may request an administrative review. The following apply to an administrative review request:

(a) DMV will notify the applicant of the right to request an administrative review at the time the test is stopped.

(b) The applicant must request an administrative review within 60 days from the date of notice. The 90-day waiting period will remain in effect and will not be rescinded or stayed by DMV pending the outcome of the administrative review.

(c) 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, identification card number or customer number, if available; and

(D) A brief statement of the facts and any evidence the person wants to present showing they should not be subject to the 90-day waiting period or proof of extreme hardship if the person is requesting a waiver of the 90-day period as described in section (13) of this rule.

(d) A request for an administrative review should also include the person's date of birth.

(e) 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; or

(C) Received by facsimile machine at FAX number (503) 945-5497.

(15) DMV will stop the online knowledge test when an applicant who is taking the knowledge test at DMV's website clicks away from the DMV's testing webpage. When DMV stops the test it will count as a test failure and not test cheating.

Or. Admin. R. 735-062-0040

MV 14-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0023; MV 8-1988, f. & cert. ef. 3-2-88; MV 16-1989, f. 8-25-89, cert. ef. 4-2-90; MV 7-1991, f. & cert. ef. 7-16-91; DMV 3-2002, f. & cert. ef. 3-14-02; DMV 6-2007, f. 5-24-07, cert. ef. 9-1-07; DMV 6-2007, f. 5-24-07, cert. ef. 9-1-07; DMV 3-2009, f. & cert. ef. 2-20-09; DMV 14-2014, f. & cert. ef. 12/1/2014; DMV 8-2017, f. & cert. ef. 4/26/2017; DMV 27-2018, minor correction filed 08/16/2018, effective 8/16/2018; DMV 1-2022, amend filed 01/25/2022, effective 1/25/2022

Statutory/Other Authority: ORS 184.619, 802.010, 802.200, 802.540 & 807.070

Statutes/Other Implemented: ORS 807.070, 807.530 & 809.310