2015 ORS 807.070¹
Examinations

The Department of Transportation shall administer an examination to establish qualification for each class of license and endorsement. The examination for each class of license or endorsement must include all of the following as described:

(1) A test of the applicant’s eyesight. This subsection does not apply to an applicant with a limited vision condition as defined in ORS 807.355 (Definitions).

(2) A test of the applicant’s knowledge and understanding of the traffic laws of this state, safe driving practices and factors that cause accidents. The following all apply to the test under this subsection:

(a) The test may not cover any subject that is not presented in the publications of the department intended for the instruction of applicants for licenses and driver permits.

(b) The test for each class of license and endorsement must include, but is not limited to, a test of knowledge and understanding of traffic laws that relate specifically to the type of driving privileges granted under the specific class of license or endorsement sought.

(c) The test must include, but is not limited to, the following subjects:

(A) Rights of pedestrians who are blind.

(B) The meaning of official traffic signs and signals.

(C) Proper operating procedure in emergency situations.

(D) Vehicle safety equipment and its use.

(E) Practices necessary for safe operation of a vehicle around pedestrians and bicyclists.

(F) Practices necessary for safe operation of a vehicle around motorcyclists.

(d) The test must include at least two questions pertaining to the practices necessary for safe operation of a vehicle around motorcyclists.

(e) The test may include a question regarding fuel efficient driving techniques.

(f) The department may waive the test under circumstances described in ORS 807.072 (Waiver of certain examinations, tests and demonstrations).

(3) A test that is an actual demonstration of the applicant’s ability to operate a motor vehicle without endangering the safety of persons or property. The following apply to this subsection:

(a) The actual demonstration for each class of license shall be performed in a vehicle that may be operated under the class of license sought, but that may not be operated under lower classes of license.

(b) An actual demonstration for a passenger endorsement shall be performed in a vehicle that is designed to transport 16 or more persons, including the driver.

(c) An actual demonstration for a school bus endorsement shall be performed in a school bus.

(d) An actual demonstration required for a commercial driver license may be performed by a person only if the person has held for at least 14 days a commercial learner driver permit that was issued by the department or by another jurisdiction that authorizes operation of the vehicle used for testing.

(e) The department may waive the demonstration under circumstances described in ORS 807.072 (Waiver of certain examinations, tests and demonstrations).

(4) Any other examination or test, including demonstrations, that the department determines may be necessary to assist the department in establishing whether the applicant is eligible for a license under ORS 807.060 (Eligibility) or whether the applicant is fit to operate a motor vehicle safely on the highways of this state. In any examination or test under this subsection, the department shall only conduct an investigation for facts relating directly to the ability of the applicant to operate a motor vehicle safely or other facts that are specifically required to show the fitness of the applicant for license. [1983 c.338 §304; 1985 c.608 §17; 1989 c.636 §19; 1993 c.309 §1; 1997 c.83 §2; 1999 c.1051 §87; 2001 c.410 §1; 2003 c.14 §472; 2003 c.277 §§6,10; 2005 c.649 §§5,6; 2007 c.70 §§326,327; 2007 c.588 §3; 2007 c.677 §§1,2; 2009 c.810 §1; 2013 c.237 §41]

Notes of Decisions

Under Former Similar Statute

This sec­tion prescribes mandatory duties for which MVD's adop­tion of pro­ce­dures is not discre­tionary for purposes of state immunity. Pendergrass v. State of Oregon, 74 Or App 209, 702 P2d 444 (1985), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 807—Driving Privileges and Identification Cards, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors807.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 807, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano807.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.