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Oregon Bulletin

March 1, 2013

Department of Transportation, Driver and Motor Vehicle Services Division, Chapter 735

Rule Caption: Waiving Commercial Driver License Skills Test for Drivers with Military CMV Experience

Adm. Order No.: DMV 1-2013

Filed with Sec. of State: 1-17-2013

Certified to be Effective: 2-1-13

Notice Publication Date: 12-1-2012

Rules Amended: 735-062-0080

Subject: ORS 807.072(3) allows DMV to waive the actual demonstration required under ORS 807.070 under circumstances established by DMV by rule. Therefore, DMV has amended OAR 735-062-0080 to establish criteria for waiver of the CDL skills testing for those returning from military service who meet certain criteria, including that the applicant’s primary duty while serving in the military was the operation of commercial motor vehicles. DMV further amended the rule to no longer consider waiving the skills test if the applicant is surrendering a CDL issued by a Canadian Province or the United Mexican States, as DMV is unable to determine what classification of vehicle is authorized by such license or the testing process the person goes through when obtaining such licensure.

Rules Coordinator: Lauri Kunze—(503) 986-3171

735-062-0080

Waiving Drive Test Portion of Driver License Examination

(1) DMV will waive the actual demonstration of an applicant’s ability to drive a Class C vehicle required by ORS 807.070(3) if all of the following apply:

(a) The applicant surrenders to DMV a driver license issued to the applicant by another state, the District of Columbia, a United States Territory, a Canadian Province or a jurisdiction with whom DMV has a reciprocity agreement and the driver license has not been expired for more than one year, or if the person’s driver license issued by a jurisdiction listed above, has been lost or stolen, the applicant submits a letter of clearance, as required in OAR 735-062-0007;

(b) The surrendered, lost or stolen license authorizes the driving of a vehicle other than a moped or motorcycle;

(c) The surrendered, lost or stolen license includes no restrictions other than a single restriction or a combination of restrictions comparable to restrictions imposed on an Oregon driver license;

(d) The applicant has no physical disabilities or impairments which may necessitate any restrictions other than:

(A) “With corrective lenses”;

(B) “Outside or side-view mirror(s)”; or

(C) The restriction(s) imposed on the applicant’s surrendered, lost or stolen driver license issued by another jurisdiction.

(e) The applicant has no physical or mental condition that provides DMV with reason to question the applicant’s ability to drive a motor vehicle without endangering the safety of persons or property.

(2) DMV may waive the actual demonstration of an applicant’s ability to drive a Class A, B, or C commercial motor vehicle or any endorsement related to a commercial driver license if the applicant meets the qualifications set forth in subsections (1)(a) through (e) of this rule and surrenders a commercial driver license issued by another state or the District of Columbia that authorizes the driving of a commercial motor vehicle included in the Oregon classification for which the application is made.

(3) DMV may waive the actual demonstration of an applicant’s ability to drive a Class A or B commercial motor vehicle if the applicant has military experience driving a Class A or Class B commercial motor vehicle and meets the following requirements:

(a) The applicant holds or is eligible for an Oregon non-commercial driver license;

(b) The applicant submits a completed Application for Military Skills Waiver, including the Commanding Officer’s certification of commercial driving experience, showing the applicant meets the conditions for a waiver of drive skills testing set forth in 49 CFR, Section 383.77, Substitute for driving skills test for drivers with military CMV Experience; and

(c) DMV determines, based on documentary evidence submitted by the applicant or any military department or agency of the United States Department of Defense that:

(A) The class of commercial vehicle operated by the applicant in the military is equivalent to the class of commercial driver license for which the applicant is applying; and

(B) The applicant’s primary duty while serving in the military was operation of a commercial motor vehicle and included operation of a commercial motor vehicle on public roadways.

(4) DMV will waive the actual demonstration of an applicant’s ability to drive a motorcycle if:

(a) The applicant surrenders to DMV a motorcycle-endorsed driver license issued to the applicant by another state, the District of Columbia, a United States Territory or a Canadian Province, or submits a clearance letter as provided for in subsection (1)(a) of this rule; and

(b) The applicant meets the qualifications in subsections (1)(c), (d) and (e) of this rule.

(5) In addition to section (4) of this rule, DMV will waive the actual demonstration of an applicant’s ability to drive a motorcycle if:

(a) The applicant passes a motorcycle skills test given during a motorcycle rider education course established by the Transportation Safety Division under ORS 802.320; and

(b) The motorcycle skills test administered during the motorcycle education course meets or exceeds the motorcycle skills test administered by DMV.

(6) Evidence of passing the motorcycle skills test identified in section (5) of this rule is a motorcycle education course completion card as provided for in OAR 735-062-0140. The completion card must have been issued within two years of application to be considered valid for waiver of the skills test.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 807.070, 807.072, 807.080 & 807.170
Stats. Implemented: ORS 807.070, 807.072, 807.080 & 807.170
Hist.: MV 61, f. 10-14-75, ef. 11-11-75; MV 15-1986, f. 9-16-86, ef. 10-1-86; MV 15-1987, f. 9-21-87, ef. 9-27-87; Administrative Renumbering 3-1988, Renumbered from 735-031-0045; MV 26-1988, f. & cert. ef. 11-1-88; MV 6-1990, f. & cert. ef. 4-2-90; MV 14-1990, f. & cert. ef. 8-16-90; MV 1-1991, f. & cert. ef. 3-18-91; MV 16-1991, f. 9-18-91, cert. ef. 9-29-91; MV 6-1992(Temp), f. 5-29-92, cert. ef. 6-1-92; MV 10-1992, f. 8-21-92, cert. ef. 9-1-92; MV 12-1993, f. 10-22-93, cert. ef. 11-4-93; DMV 4-1995, f. & cert. ef. 3-9-95; DMV 31-2005, f. & cert. ef. 12-14-05; DMV 11-2006(Temp), f. & cert. ef. 8-25-06 thru 2-20-07; DMV 18-2006, f. & cert. ef. 12-13-06; DMV 3-2009, f. & cert. ef. 2-20-09; DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09; DMV 1-2012, f. 1-27-12, cert. ef. 1-30-12; DMV 1-2013, f. 1-17-13, cert. ef. 2-1-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

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