OAR 735-062-0040
Knowledge Test
(1)
Applicants for an original driver permit, driver license or endorsement must pass the knowledge test(s) required under ORS 807.070 (Examinations)(2) and, if applicable, 807.065 (Additional eligibility requirements for persons under 18 years of age)(1)(b).(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 first knowledge test for a driver license, 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. If the applicant fails the first knowledge test, additional tests shall be conducted, as needed, with the following frequency:(a)
A second test may be conducted on any day after the day of the first test;(b)
A third test may be conducted on any day after the day of the second test;(c)
A fourth test may be conducted on any day after the third test;(d)
A fifth test may be conducted no sooner than 28 days after the fourth test; and(e)
Any subsequent test may be conducted no sooner than 28 calendar days after the previous test.(5)
If a compelling reason is shown the DMV may waive the waiting period for a knowledge test required by section (4) of this rule. Reasons for waiving the waiting period include, but are not limited to:(a)
The person can demonstrate he or she failed the test due to a cognitive or functional impairment. A statement from the person’s doctor describing how the impairment affects the person’s ability to pass a knowledge test is required;(b)
The person can demonstrate that failure to pass the test will result in loss of his or her job or a job opportunity;(c)
The person was not given an oral test when an oral test was requested; or(d)
The person requested but was not given the test in his/her native language and the test is available in the language requested.(6)
The waiting period between knowledge test failures is determined by the number of times an applicant fails a specific type of test. For example, the failure of a Class C driver license knowledge test and a Class A commercial driver license knowledge test the same day is considered as one test failure for each knowledge test, not two failures.(7)
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.(8)
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 (7) of this rule.(9)
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 license, 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.(10)
Except as otherwise provided in this section, if DMV determines an applicant cheated, the applicant must wait 90 days before he or she 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.(11)
When DMV determines an applicant cheated on a knowledge test as described in section (8) 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 he or she 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 (10) 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;(C)
Received by facsimile machine at FAX number (503) 945-5497; or(D)
Submitted through an online request at www.OregonDMV.com.
Source:
Rule 735-062-0040 — Knowledge Test, https://secure.sos.state.or.us/oard/view.action?ruleNumber=735-062-0040.