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 (Cancellation of privileges) and OAR 735-070-0010 (Reinstatement Following Cancellation or Suspension Under ORS 807.220, 807.230, 807.350, 809.310 and 809.320) and 735-070-0020 (Hearing Following a Cancellation) 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.]

Source: Rule 735-062-0073 — Denial of Further Testing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-062-0073.

735‑062‑0001
Purpose 735‑062‑0002
Definitions 735‑062‑0005
SSN — Requirements for Collection and Verification of SSN or a Statement No SSN Assigned 735‑062‑0006
Real ID Requirements for Collection of Proof and Verification of SSN or Proof of Ineligibility for a SSN 735‑062‑0007
Driver Permits or Driver Licenses 735‑062‑0008
Real ID Driver Licenses or Driver Permits 735‑062‑0010
Identification Cards 735‑062‑0011
Real ID Identification Cards 735‑062‑0012
Veteran Designation on a Driver License, Driver Permit or Identification Card 735‑062‑0013
Physical Description on Driver License, Driver Permit or Identification Card 735‑062‑0014
Proof of Legal Name 735‑062‑0016
Requirements for Establishing Identity Under ORS 807.024 and Consequences of Applicant’s Failure to Establish Identity 735‑062‑0020
Proof of Identity and Date of Birth Requirements 735‑062‑0022
Proof of Identity, Date of Birth and Lawful Status for Real ID 735‑062‑0023
Proof of Legal Name, Real ID 735‑062‑0030
Proof of Residence Address 735‑062‑0031
Proof of Residence Address For Real ID 735‑062‑0035
Proof of School Attendance, Completion or Exemption 735‑062‑0040
Knowledge Test 735‑062‑0050
Eyesight Check Content and Standards 735‑062‑0060
Periodic Check of Driver’s Eyesight 735‑062‑0070
Drive Test 735‑062‑0073
Denial of Further Testing 735‑062‑0078
Waiving Knowledge Test for Motorcycle Endorsement 735‑062‑0080
Waiving Drive Test Portion of Driver License Examination 735‑062‑0087
Restrictions on Driving Privileges 735‑062‑0088
Notification of Approaching Expiration of Driver License, Driver Permit, and Identification Card 735‑062‑0090
Renewal Driver Licenses and Identification Cards 735‑062‑0092
Mailing Driver Licenses, Driver Permits and Identification Cards 735‑062‑0094
Interim Cards 735‑062‑0096
Surrendered Driver License, Driver Permit or Identification Card 735‑062‑0110
Replacement Driver Permits, Driver Licenses, and Identification Cards 735‑062‑0115
Non-Issue of a Driver License Following Confiscation 735‑062‑0120
Standards for Issuance of Driver’s Licenses Without a Photograph 735‑062‑0125
Standards for Issuance of a Renewal or Replacement Driver License, Driver Permit or Identification Card Containing a Previous Photograph by Mail 735‑062‑0130
Issuance of a Replacement Driver License, Driver Permit or Identification Card with a New Number 735‑062‑0135
Voluntary Surrender of Driving Privileges 735‑062‑0140
Proof of Completion of a Traffic Safety Education or Motorcycle Education Course 735‑062‑0160
Clearance Letter 735‑062‑0290
Issuance, Replacement or Renewal of Undercover Driver Licenses or Identification Cards to Law Enforcement Officials 735‑062‑0295
Fee for Real ID Credentials 735‑062‑0300
Purpose 735‑062‑0310
Definitions 735‑062‑0320
Special Limited Vision Condition Learner’s Permit 735‑062‑0330
Training Program for the Use of Bioptic Telescopic Lenses to Drive 735‑062‑0340
Qualifications to be Certified by DMV as a Rehabilitation Training Specialist 735‑062‑0350
Rehabilitation Training Specialist Certificates 735‑062‑0360
Regulation of Rehabilitation Specialists and Programs Offered 735‑062‑0370
Issuance of Certificate of Competency 735‑062‑0380
Issuance of a Permit or Driver License to a Person with a Limited Vision Condition 735‑062‑0385
Maintaining Qualification Under the Limited Vision Condition Program or Cancellation 735‑062‑0387
Hearing Following a Cancellation of Driving Privileges Issued to a Person with a Limited Vision Condition 735‑062‑0390
Driving Privileges without a Daylight Hours Restriction for Persons with a Limited Vision Condition
Last Updated

Jun. 8, 2021

Rule 735-062-0073’s source at or​.us