Or. Admin. Code § 735-061-0420

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

Section 735-061-0420 - When an Applicant May Use Class C Third Party Testing and General Provisions

(1) The Class C third party testing program is for the purpose of administering drive tests only.

(2) A person seeking to obtain Class C non-commercial driving privileges must take a drive test. A person may not take the test with a third party testing business, and must test with DMV, if the person is required to test because the person is in the At-Risk Driver Program.

(3) An applicant is responsible for payment of fees charged by the testing business. Any fee charged by the testing business is separate from the DMV licensing fees.

(4) An applicant may request that an examiner show the applicant identification provided by the testing business demonstrating that the examiner is authorized to provide a Class C drive test under the Class C Third Party Testing Program. Upon request, the examiner must show the identification to the applicant.

(5) An applicant may be required by a testing business to use a vehicle provided by the testing business for the purpose of administering the drive test.

(6) If an applicant provides the vehicle in which the examiner is to administer the drive test, the testing business must ensure that the examiner administers the drive test only in a vehicle that is both legal and safe to be on the road. If an examiner determines that the applicant's vehicle presents a health or safety risk to the examiner, the applicant or the general public, the examiner may refuse to administer a drive test in the applicant's vehicle. The applicant's vehicle must:

(a) Be properly insured and registered prior to the test.

(b) Have properly functioning safety equipment, including but not limited to turn signals, lights and seat belts.

(7) An applicant may not have a child, parent, friend, other person or pet in the vehicle at the time of the test. A DMV employee or a representative of the testing business may accompany the applicant and examiner on a drive test for the purpose of overseeing the quality of the testing.

(8) An applicant may not take a drive test from an examiner who provided behind-the-wheel driver training to the applicant.

(9) An applicant may not take a drive test from a testing business when the applicant is a family member or friend of any owner, examiner, or representative of the testing business.

(10) An applicant must provide the testing business one piece of identification that contains the applicant's name and photograph. Examples of such identification include a passport, student body card or work identification card.

(11) A testing business must provide a receipt to any applicant who takes the drive test.

(12) An applicant who successfully completed the drive test must go to a DMV field office within two years of the date of the test to apply for a driver license.

(13) DMV will accept an applicant's test score but will be unable to issue a license if:

(a) The applicant has not met the requirements to be issued a license or provided DMV all required proof that the applicant is eligible to be issued a license.

(b) An applicant, who is 18 years of age or older, did not observe the waiting period following a failed drive test, described in OAR 735-062-0070. DMV will issue a license to the applicant once the necessary waiting period has been observed.

(c) The applicant's right to apply for driving privileges was suspended or canceled at the time of the test. DMV will use the test scores to issue a driver license to the applicant when the person reinstates driving privileges as long as the test score remains valid.

(14) If DMV accepts a drive test score but is unable to issue a license to the applicant at that time, the test score remains valid for two years.

(15) DMV will reject a test score if:

(a) The applicant is not 16 years of age or older at the time of the test;

(b) At the time of the test, an applicant's driving privileges are revoked and the applicant had not served the full period of revocation or, if the applicant received a habitual offender revocation, the amount of time required for the applicant to be eligible to apply for driving privileges had not elapsed; or

(c) An applicant under the age of 18 has not held an instruction permit for a minimum of six months at the time of the test.

(16) If DMV rejects a test score, the applicant must retest at a time and in a manner that results in an acceptable test score before DMV may issue a license.

(17) DMV may require a person who took a drive test administered by a testing business to retest with DMV if DMV has reason to believe that the person may not be qualified to hold a driver license or permit.

Or. Admin. Code § 735-061-0420

DMV 15-2017, adopt filed 09/26/2017, effective 9/26/2017; 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 & 802.600

Statutes/Other Implemented: ORS 802.600