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23.3.514    GENERAL RULES FOR DRIVING EXAMINATIONS FOR CLASS A , B , AND C ENDORSEMENTS

The following rules apply to class A, B, and C endorsement driving examinations:

(1) When a driving examination is required for a passenger endorsement, the examination must be conducted in a passenger vehicle capable of carrying more than 15 passengers including the driver which is within the passenger class applied for. Successful completion of such an examination will authorize the applicant to operate any other type(s) of vehicle within the class.

(2) Unless an exception is appropriate, only the examiner and the applicant may be in the vehicle during the examination. No exception may be granted unless the vehicle has appropriate seating for at least 3 occupants, and an excepted passenger will not interfere with the applicant's operation of the vehicle or the examiner's ability to observe the applicant. An example of a situation where an exception is appropriate is a case in which the applicant requires the services of an interpreter or a translator.

(3) The examiner will determine, based on the road conditions, the test route, the weather, and the vehicle to be driven, whether or not to proceed with a drive test. If completion of a drive test is questionable due to the above factors, and the applicant has been so advised by the examiner, the test shall be counted as a failure if the applicant insists that the test be given but is unable to complete it due to those conditions.

(4) If the applicant's vehicle comes into physical contact with another vehicle, a pedestrian, or a fixed object, except slight bumper contact in a parking or backing maneuver or contact with a pedestrian by the pedestrian's intent, the test will be immediately discontinued and counted as a failure.

(5) If an accident involving another vehicle or a pedestrian occurs during a drive test the applicant must report the accident to the appropriate law enforcement agency if there is any visible damage, injury, or complaint of injury.

(6) If any of the following events occur, the applicant is failed and the test will be discontinued:

(a) dangerous action that would cause another driver or pedestrian to take defensive action, such as stalling the vehicle within a busy intersection, or driving one or more wheels over the curb or onto a sidewalk;

(b) clear violation of any traffic law;

(c) lack of cooperation, refusal to perform, an offer of a bribe or gratuity, or willful disobedience of a direction from the examiner;

(d) various or repeated minor mistakes, causing the deduction of more than the permitted number of points from the driving test score.

(7) Whenever an applicant is failed and a test discontinued, the examiner decides whether the vehicle may be returned to the starting point of the examination by the applicant or parked in a safe place for later pick-up by another driver or a tow car.

(8) Test routes for class A endorsements will be established in each county. Each test route will be mapped and approved by the commercial vehicle operator program supervisor, who will maintain a current file of approved class A routes. Driving test routes for class B and C endorsements will be as described in ARM 23.3.122 of this chapter, unless city ordinances or congestion interfere, in which case the route shall be the same as, or a portion of, the class A route.

(9) The applicant for a class A, B, or C endorsement, as a portion of the examination, will demonstrate to the examiner a "pre-trip" inspection of his vehicle and will be graded on the conduct of the inspection. The inspection includes:

(a) service brakes, including trailer brake connections, if any;

(b) parking (hand brake) ;

(c) steering mechanism;

(d) lighting devices and reflectors;

(e) tires and wheels;

(f) horn;

(g) windshield wiper(s) ;

(h) rear vision mirror(s) ;

(i) coupling devices, if any;

(j) security of load, if any, and security of trailer doors, if any;

(k) emergency equipment required for the type of vehicle used;

(l) a visual check of the vehicle and load, if any, for loose equipment or cargo that could become detached during operation and cause a traffic hazard;

(m) oil, water, belts, and fuel;

(n) engine starting;

(o) instrument functions;

(p) adjustment of side mirrors and condition of windows and mirrors;

(q) fluid leaks;

(r) foot and hand brake operation with vehicle in motion.

History: Sec. 61-5-112, 61-5-117, 61-5-125 MCA; IMP, Sec. 61-5-110, 61 MCA; NEW, 1988 MAR p. 62, Eff. 1/15/88; AMD, 1989 MAR p. 486, Eff. 4/28/89.

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