This chapter defines more fully the requirements of 75 Pa.C.S. § §  1504(c), 1508, 1514(b) and 1607 by listing the specific requirements with regard to each step in the examination process. When applicable, this chapter also applies to reexamination of licensed drivers ordered by the Department under the authority of 75 Pa.C.S. §  1519 (relating to determination of incompetency) to determine competency to operate a motor vehicle.

   The provisions of this §  75.1 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

 The following words and terms, when used in this chapter, have the following meanings, unless the contest clearly indicates otherwise:

   Applicant—A person who has never been licensed in this Commonwealth to operate any type of motor vehicle; or a person seeking to qualify to operate a vehicle of different classification or to add an endorsement, or to remove a restriction from that driver’s license; or a person who is a nonresident of this Commonwealth seeking to be licensed to operate any type of motor vehicle.

   Basic control skills test—A test that evaluates an applicant’s ability to operate and control the test vehicle and judge the position of the test vehicle in relationship to objects on a course marked by permanent or temporary boundaries.

   CRNP—Certified registered nurse practitioner—A registered nurse licensed in this Commonwealth who is certified, by both the State Board of Nursing and the State Board of Medicine, in a particular clinical specialty area and who, while functioning in the expanded role as a professional nurse, performs acts of medical diagnosis or prescription of medical therapeutic or corrective measures in collaboration with and under the direction of a physician licensed to practice medicine in this Commonwealth.

   Chiropractor—A practitioner of chiropractic as defined in 75 Pa.C.S. §  1508.1(b) (relating to physical examinations).

   Class A driver’s license—A license issued to a person 18 years of age or older who has demonstrated the qualifications to operate any combination of vehicles with a GVWR of 26,001 pounds or more, if the GVWR of the vehicle being towed is in excess of 10,000 pounds.

   Class B driver’s license—A license issued to a person 18 years of age or older who has demonstrated the qualifications to operate any single vehicle with a GVWR of 26,001 pounds or more, or any vehicle towing another vehicle with a GVWR of not more than 10,000 pounds.

   Class C driver’s license—A license issued to a person 18 years of age or older, except as provided in 75 Pa.C.S. §  1503 (relating to persons ineligible for licensing), who has demonstrated the qualifications to operate any single vehicle, except those vehicles requiring a Class M qualification, with a GVWR of not more than 26,000 pounds or any combination of vehicles, except combination vehicles involving motorcycles, that does not meet the definition of either Class A or Class B.

   Class M driver’s license—A license issued to a person who has demonstrated the qualifications to operate a motorcycle. A Class M license accompanied by an endorsement shall be issued to a person who has demonstrated the qualifications to operate a motor-driven cycle. If a person is qualified to operate only a motorcycle or motor-driven cycle, that person shall be issued only a Class M license or a Class M license with an endorsement, as applicable.

   Commercial driver’s license—The term as defined in 75 Pa.C.S. §  1603 (relating to definitions).

   Commercial driver’s license endorsement—An alphabet code added to the commercial driver’s license upon successful completion of a specialized knowledge test or a specialized knowledge and skill examination identifying the licensee as qualified to operate certain specialized commercial motor vehicles.

   Commercial driver’s license restriction—An alphabet code added to the commercial driver’s license that prohibits the licensee from operating certain types of commercial motor vehicles as a result of either examination failure or examination in a test vehicle lacking certain equipment integral to the safe operation of that vehicle.

   Commercial motor vehicle—The term as defined in 75 Pa.C.S. §  1603.

   GVWR—Gross vehicle weight rating—The value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle.

   Noncommercial driver’s license—A license issued to an individual qualified to drive a class of motor vehicle other than a commercial motor vehicle. Noncommercial Class A or Class B motor vehicles include motor homes or recreational trailers operated solely for personal use, and motorized construction equipment, including motorscrapers, backhoes, motorgraders, compactors, excavators, tractors, trenchers and bulldozers.

   Physician assistant—A person certified by the State Board of Medicine to assist a physician or group of physicians in the provision of medical care and services and under the supervision and direction of the physician or group of physicians.

   Pretrip circle check—A walk around a single or combination vehicle visually inspecting various equipment items listed on a checklist, in which the driver looks for broken wires, loose bolts, cracks in metal, lights that do not work, flat tires or other damage which could affect the safe operation of the single or combination vehicle.

   Specialized knowledge examination—An examination to determine the ability of the applicant to operate certain specialized commercial motor vehicles, including vehicles transporting hazardous materials in placardable amounts, tank vehicles, double and triple trailers, passenger carrying vehicles, school buses or vehicles equipped with air brakes, to add an endorsement or to remove a commercial driver’s license restriction from the commercial driver’s license.

   The provisions of this §  75.2 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1508.1, 1509, 1514, 1607 and 6103.

 This subchapter provides general rules that relate to the licensing of drivers.

   The provisions of this §  75.2b issued under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

 An applicant for a driver’s license, a person seeking to qualify to operate a vehicle of a different classification, add an endorsement or remove a restriction from a driver’s license, and every driver whose vision the Department has reason to believe does not meet the visual standards in Chapter 83 (relating to physical and mental criteria, including vision standards relating to the licensing of drivers) shall submit to a vision screening examination. Cheating, failure to follow the instructions of the examiner, offering bribes or gratuities to the examiner, fraud or misrepresentation constitutes an automatic failure of the vision examination.

   The provisions of this §  75.3 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

 An applicant for a driver’s license and every driver the Department has reason to believe does not have the ability to read and understand official traffic control devices shall submit to a road sign examination. The examination shall include identification of all standard road signs. An applicant who identifies two or more signs incorrectly fails the examination. Cheating, failure to follow the instructions of the examiner, offering bribes or gratuities to the examiner, fraud or misrepresentation constitutes an automatic failure of the road sign examination. This test may be waived for drivers with a valid driver’s license from this or another state.

   The provisions of this §  75.4 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

   The provisions of this §  75.4 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3273; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial page (147510).

 An applicant for a driver’s license and every driver the Department has reason to believe does not have reasonable and proper understanding of safe driving practices and of the traffic laws governing the use and operation of motor vehicles on Pennsylvania highways shall submit to a general knowledge examination. In the case of an applicant for a driver’s license, the questions will relate as nearly as practicable to the class of vehicles for which the applicant desires to be licensed. Questions will be taken from the most recent edition of the Pennsylvania Driver’s Manual or related publications for specific classes of vehicles, or both. An applicant who correctly answers 80% or more of the questions shall pass the examination. Cheating, failure to follow the instructions of the examiner, offering bribes or gratuities to the examiner, fraud or misrepresentation constitutes an automatic failure of the general knowledge examination. This test may be waived for drivers with a valid driver’s license from this or another state.

   The provisions of this §  75.5 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

   The provisions of this §  75.5 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3273; amended May 16, 1980, effective May 17, 1980, 10 Pa.B. 1976; amended September 10, 1982, effective September 11, 1982, 12 Pa.B. 3096; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial page (147510).

 An applicant for a driver’s license, who has never been issued a driver’s license in this Commonwealth or another state, shall submit to a physical examination performed by a licensed physician, a CRNP, a physician assistant or a chiropractor. The licensed physician, CRNP, physician assistant or chiropractor performing the examination shall report the findings of the physical examination to the Department on a physical examination certificate or form provided by the Department. The Department may request that the report be submitted on a special certificate relating to the alleged mental or physical disability of the applicant or licensee.

   The provisions of this §  75.6 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1508.1, 1509, 1514, 1607 and 6103.

   The provisions of this §  75.6 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3273; amended May 16, 1980, effective May 17, 1980, 10 Pa.B. 1976; amended September 10, 1982, effective September 11, 1982, 12 Pa.B. 3422; amended November 12, 1983, effective November 13, 1983, 13 Pa.B. 3539; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 364; amended April 6, 2007, effective April 7, 2007, 37 Pa.B. 1487. Immediately preceding text appears at serial page (240834).

 As a requirement to take the on-road driving examination, the applicant shall appear at the examination site with a vehicle representative of the type of motor vehicle that the applicant desires to operate. The vehicle shall be properly registered and shall display a current certificate of inspection. The applicant shall also present proof of insurance for the vehicle in which the examination is to be conducted. Examinees with an initial junior learner’s permit may not be tested until 1 month after the date of issuance of the junior learner’s permit. An examinee with a junior learner’s permit who fails the driving examination may not be re-examined until at least 1 week has passed. Other examinees who fail the driving examination may be reexamined on the following day.

   The provisions of this §  75.7 issued under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

   The provisions of this §  75.7 adopted September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854.

Subchapter B. DRIVING EXAMINATION FOR
NONCOMMERCIAL DRIVER’S LICENSE

Sec.

§ 75.11. Application of subchapter.

 This subchapter applies to the driving examination for a noncommercial driver’s license.

 In addition to the requirements in Subchapter A (relating to general provisions), an applicant for a noncommercial driver’s license, except those exempted under 75 Pa.C.S. §  1502 (relating to persons exempt from licensing), and every driver the Department has reason to believe cannot exercise ordinary and reasonable control in operating a motor vehicle, shall submit to a driving examination. The examination shall be conducted in a vehicle representative of the type or class of motor vehicle that the applicant desires to be licensed to operate.

   The provisions of this §  75.12 amended under Vehicle Code,

 (a)  Examining. The driving examination will be conducted in a manner which enables the examiner to determine the ability of the applicant to drive the type or class of vehicle for which the applicant desires to be licensed. The applicant will be required to complete the entire driving course, except that the examiner may terminate the examination if the applicant commits a fault that constitutes an automatic failure.

 (b)  Scoring. Point values listed in § §  75.15—75.17 (relating to driving examination for Class A or Class B driver’s license; driving examination for Class C driver’s license; and driving examination for Class M driver’s license) shall be assigned to faults committed by the applicant during the course of the examination. An accumulation of 31 or more points constitutes an automatic failure of the examination.

   The provisions of this §  75.14 amended under Vehicle Code,

 The following maneuvers and faults apply to the driving examination for a Class A or Class B driver’s license:

   (1)  Accident (31 points).

     (i)   An accident, however slight, which the applicant could have prevented.

     (ii)   Contact with a pedestrian which the applicant could have prevented.

   (2)  Lack of cooperation (31 points).

     (i)   Refusal to obey instructions of examiner.

     (ii)   Refusal to attempt maneuver when instructed by the examiner.

     (iii)   Offering bribes or gratuities to the examiner.

   (3)  Serious traffic offenses (31 points).

     (i)   Stop sign offenses.

       (A)   Failure to stop for stop sign.

       (B)   Failure to stop before proceeding into intersection.

       (C)   Failure to make second stop if necessary.

     (ii)   Red light offenses.

       (A)   Failure to stop for a red light.

       (B)   Failure to decelerate when approaching a yellow light.

       (C)   Entering into intersection as light turns red.

     (iii)   Failure to yield right-of-way.

       (A)   Failure to yield to pedestrian.

       (B)   Failure to yield to oncoming driver when making left turn.

       (C)   Failure to yield promptly to emergency vehicles.

       (D)   Failure to yield to traffic having right-of-way.

     (iv)   Driving in opposite lane continuously. Crossing double yellow line and remaining in opposite lane for extended period of time.

     (v)   Improper passing.

       (A)   Insufficient clearance for pass.

       (B)   Passing within or too close to intersection.

       (C)   Returning to lane too quickly after passing, forcing overtaken vehicle to slow down.

       (D)   Passing on right where illegal.

       (E)   Passing in no-passing zone.

     (vi)   Restriction violation.

       (A)   Being unaccompanied by licensed driver.

       (B)   Violating restriction on learner’s permit or driver’s license.

     (vii)   Speeding. Exceeding speed limit.

   (4)  Striking/jumping curb or markers (31 points).

     (i)   Driving one or more wheels over the curb or onto sidewalk.

     (ii)   Making contact with curb, sidewalk or marker.

   (5)  Uncoupling and coupling. Failure to complete the applicable maneuvers within the 5-minute limit constitutes an automatic failure.

     (i)   Uncoupling—5-minute limit (31 points).

       (A)   Park tractor trailer and set parking brake.

       (B)   Place tractor protection valve in the emergency position.

       (C)   Check trailer and make certain surface will support trailer.

       (D)   Lower trailer support.

       (E)   Disconnect glad hands and secure to dummy couplings on tractor.

       (F)   Disconnect and secure electrical connection.

       (G)   Pull fifth wheel lock release.

       (H)   Pull tractor ahead until trailer slips to the lower 1/3 of fifth wheel plate.

       (I)   Recheck first, then pull tractor away from the trailer.

     (ii)   Couplings—5-minute limit (31 points).

       (A)   Check that tractor protection valve is in the emergency position.

       (B)   Check air brake pressure in tractor.

       (C)   Back tractor to front edge of trailer.

       (D)   Check king pin assembly for proper alignment making certain fifth wheel lock is open.

       (E)   Connect glad hands to trailer.

       (F)   Connect electrical connection to trailer.

       (G)   Place tractor protection valve in the normal position and check for proper connection, that is, trailer brake is not leaking air.

       (H)   Set trailer brakes.

       (I)   Back under trailer until the king pin is locked in the fifth wheel, that is, couples without difficulty.

       (J)   Check security of coupling by slowly pulling forward with trailer brakes locked.

       (K)   Visually check king pin to be certain of proper coupling.

       (L)   Raise trailer support fully.

   (6)  Pretrip circle check improperly complete (31 points).

     (i)   Exterior. Check general condition of the following equipment:

       (A)   Headlights.

       (B)   Clearance lights.

       (C)   Identification lights.

       (D)   Turn signals and four way flashers.

       (E)   Tires and wheel lugs.

       (F)   Sidemarker lights.

       (G)   Reflectors.

       (H)   Tail lights.

       (I)   Stop lights.

       (J)   Trailer hook up.

       (K)   Rear trailer door—shall be secure.

       (L)   Mud flaps.

     (ii)   Interior. Check general condition of the following equipment:

       (A)   Parking brake.

       (B)   Trailer protection valve and steering.

       (C)   Gauges—that is, oil pressure, air pressure and low air warning device.

       (D)   Horn and mirrors.

       (E)   Emergency equipment—that is, fire extinguisher and flags, flares, reflectors or triangles.

   (7)  Failure to properly start engine (31 points).

     (i)   Failure to start engine due to lack of knowledge.

     (ii)   Failure to start engine with standard transmission in neutral.

   (8)  Improper backing (31 points).

     (i)   Failure to check area before backing.

     (ii)   Improper steering when backing, such as:

       (A)   One hand driving when not required.

       (B)   Allowing steering wheel to spin back after turns.

       (C)   Jerky motions.

       (D)   Failure to use hand-over-hand method.

     (iii)   Excessive weaving while backing.

     (iv)   Failure to utilize mirrors properly.

   (9)  Other traffic offenses (16 points).

     (i)   Improper turning.

       (A)   Failure to get into proper lane.

       (B)   Swinging too wide on turn.

       (C)   Failure to maintain safe clearance when turning.

       (D)   Cutting too short on turn.

     (ii)   Speed control according to conditions.

       (A)   Driving too fast for conditions.

       (B)   Sliding or skidding due to speed.

       (C)   Failure to decelerate when appropriate.

     (iii)   Crossing center line or crossing double yellow line momentarily.

     (iv)   Following too closely or failure to follow 4-second rule.

     (v)   Improper stopping.

       (A)   Stopping in crosswalk.

       (B)   Stopping over stop line.

       (C)   Stopping unnecessarily on roadway.

     (vi)   Failure to signal or improper signaling.

       (A)   Incorrect signal given.

       (B)   Signal continued after turn is completed.

       (C)   Signal initiated at less than appropriate distance, that is, less than 100 feet from turning or stopping points.

       (D)   Failure to signal before starting, stopping or turning.

       (E)   Failure to give audible signal when necessary.

   (10)  Improper parking (16 points).

     (i)   Parking more than 12 inches from curb.

     (ii)   Failure to set brakes and place transmission in gear.

   (11)  Failure to observe traffic (16 points).

     (i)   Failure to turn head to check for traffic.

     (ii)   Failure to check for traffic when going through intersection on green light.

     (iii)   Taking eyes from road to talk to examiner while vehicle is in motion.

     (iv)   Failure to check mirrors.

   (12)  Improper steering (16 points).

     (i)   One-hand driving when not required.

     (ii)   Allowing steering wheel to spin back after turns.

     (iii)   Erratic steering causing vehicle to swerve when turning or driving straight.

     (iv)   Failure to use hand-over-hand method.

   (13)  Failure to exercise proper judgment in traffic (16 points).

     (i)   Failure to yield.

     (ii)   Failure to maintain a safety margin in all traffic situations.

     (iii)   Improper choice of action when reacting to hazardous or emergency situations.

     (iv)   Failure to activate windshield wipers, defrosters or headlights when necessary.

   (14)  Improper starting of engine and failure to exhibit smooth driving (8 points).

     (i)   Rolling back more than 12 inches.

     (ii)   Failure to release parking brake before attempting to start vehicle in motion.

     (iii)   Spinning wheels when starting.

     (iv)   Stalling engine.

     (v)   Driving in an unsmooth manner.

     (vi)   Difficulty in shifting.

       (A)   Automatic transmission.

         (I)   Using improper gear.

         (II)   Failure to come to complete stop before shifting from forward to reverse or from reverse to forward.

       (B)   Standard transmission.

         (I)   Failure to keep eyes on road when shifting.

         (II)   Using improper gear.

         (III)   Grinding gears.

         (IV)   Shifting in middle of curve.

         (V)   Swerving vehicle while shifting.

   (15)  Improper braking (8 points).

     (i)   Improper foot position on brake pedal.

     (ii)   Sudden or hard braking when not necessary.

     (iii)   Applying brakes in the middle of a curve rather than prior to entering the curve.

     (iv)   Braking when unnecessary.

     (v)   Failure to come to a smooth stop.

     (vi)   Foot slips off brake pedal.

     (vii)   Foot misses brake pedal.

     (viii)   Failure to apply brakes in a timely manner.

   (16)  Failure to maintain minimum speed limit, unless conditions warrant caution (8 points).

     (i)   Applicant over cautious.

     (ii)   Driving 10 miles per hour below the speed limit unless conditions warrant caution.

     (iii)   Interfering with other vehicles by driving too slowly.

   (17)  Use of hand holds (8 points). Failure to use hand holds for mounting and dismounting.

   The provisions of this §  75.15 amended under Vehicle Code,

   The provisions of this §  75.15 adopted May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial pages (147512) to (147514).

 The following maneuvers and faults apply to the driving examination for a Class C driver’s license:

   (1)  Accident (31 points).

     (i)   An accident, however slight, which the applicant could have prevented.

     (ii)   Contact with a pedestrian which the applicant could have prevented.

   (2)  Lack of cooperation (31 points).

     (i)   Refusal to obey instructions of examiner.

     (ii)   Refusal to attempt maneuver when instructed to by the examiner.

     (iii)   Offering bribes or gratuities to the examiner.

   (3)  Serious traffic offenses (31 points).

     (i)   Stop sign offenses.

       (A)   Failure to stop for stop sign.

       (B)   Failure to stop before proceeding into intersection.

       (C)   Failure to make second stop, if necessary.

     (ii)   Red light offenses.

       (A)   Failure to stop for a red light.

       (B)   Failure to decelerate when approaching a yellow light.

       (C)   Entering into intersection as light turns red.

     (iii)   Failure to yield right-of-way.

       (A)   Failure to yield to pedestrian.

       (B)   Failure to yield to oncoming driver when making left turn.

       (C)   Failure to yield promptly to emergency vehicles.

       (D)   Failure to yield to traffic having right-of-way.

     (iv)   Driving in opposite lane continuously. Crossing double yellow line and remaining in opposite lane for extended period of time.

     (v)   Improper passing.

       (A)   Insufficient clearance for pass.

       (B)   Passing within or too close to intersection.

       (C)   Returning to lane too quickly after passing, forcing overtaken vehicle to slow down.

       (D)   Passing on right where illegal.

       (E)   Passing in no-passing zone.

     (vi)   Restriction violation.

       (A)   Being unaccompanied by licensed driver.

       (B)   Violating restriction on learner’s permit or driver’s license.

     (vii)   Speeding. Exceeding speed limit.

   (4)  Striking/jumping curb or markers (31 points).

     (i)   Driving one or more wheels over the curb or onto sidewalk.

     (ii)   Making contact with curb, sidewalk or marker.

   (5)  Failure to exhibit knowledge of controls (31 points).

     (i)   Improper use or failure to operate headlights—low and high beam.

     (ii)   Improper use or failure to activate turn signals.

     (iii)   Improper use or failure to activate windshield wipers.

     (iv)   Improper use or failure to sound horn.

   (6)  Failure to properly start engine (31 points).

     (i)   Failure to start engine due to lack of knowledge.

     (ii)   Failure to start engine with standard transmission in neutral.

   (7)  Improper turnabout (31 points).

     (i)   Beginning maneuver from left side of street.

     (ii)   Improper interference with traffic.

     (iii)   Making more than three backups.

     (iv)   Failure to look in both directions.

   (8)  Other traffic offenses (16 points).

     (i)   Improper turning.

       (A)   Failure to get into proper lane.

       (B)   Swinging too wide on turn.

       (C)   Failure to maintain safe clearance when turning.

       (D)   Cutting too short on turn.

     (ii)   Speed control according to conditions.

       (A)   Driving too fast for conditions.

       (B)   Sliding or skidding due to speed.

       (C)   Failure to decelerate when appropriate.

       (D)   Failure to maintain an 8 to 10 miles per hour speed in serpentine.

     (iii)   Crossing center line or crossing double yellow line momentarily.

     (iv)   Following too closely or failure to follow 4-second rule.

     (v)   Improper stopping.

       (A)   Stopping in crosswalk.

       (B)   Stopping over stop line.

       (C)   Stopping unnecessarily on roadway.

     (vi)   Failure to signal or improper signaling.

       (A)   Incorrect signal given.

       (B)   Signal continued after turn is completed.

       (C)   Signal initiated at less than appropriate distance, that is, less than 100 feet from turning or stopping points.

       (D)   Failure to signal before starting, stopping or turning.

       (E)   Failure to give audible signal before passing.

   (9)  Improper parking (16 points).

     (i)   Parking more than 12 inches from curb.

     (ii)   Failure to set parking brake.

   (10)  Failure to observe traffic (16 points).

     (i)   Failure to turn head to check for traffic.

     (ii)   Failure to check for traffic when going through intersection on green light.

     (iii)   Taking eyes from road to talk to examiner while vehicle is in motion.

     (iv)   Failure to use mirrors.

   (11)  Improper steering (16 points).

     (i)   One-hand driving when not required.

     (ii)   Allowing steering wheel to spin back after turning.

     (iii)   Erratic steering causing vehicle to swerve when turning or driving straight.

     (iv)   Failure to use hand-over-hand method.

     (v)   Driving off course in serpentine.

   (12)  Failure to exercise proper judgment in traffic (16 points).

     (i)   Failure to yield.

     (ii)   Failure to maintain a safety margin in all traffic situations.

     (iii)   Improper choice of action when reacting to hazardous or emergency situations.

     (iv)   Failure to activate windshield wipers, defrosters or headlights when necessary.

   (13)  Improper starting of engine and failure to exhibit smooth driving (8 points).

     (i)   Rolling back more than 12 inches.

     (ii)   Failure to release parking brake before attempting to start vehicle in motion.

     (iii)   Spinning wheels when starting.

     (iv)   Stalling engine.

     (v)   Driving in an unsmooth manner.

     (vi)   Difficulty in shifting.

       (A)   Automatic transmission.

         (I)   Using improper gear.

         (II)   Failure to come to complete stop before shifting from forward to reverse or from reverse to forward.

       (B)   Standard transmission.

         (I)   Failure to keep eyes on road when shifting.

         (II)   Using improper gear.

         (III)   Grinding gears.

         (IV)   Shifting in middle of curve.

         (V)   Swerving vehicle while shifting.

   (14)  Improper backing (8 points).

     (i)   Failure to look around.

     (ii)   Improper steering when backing, such as:

       (A)   One hand driving when not required.

       (B)   Allowing steering wheel to spin back after turns.

       (C)   Jerky motions.

       (D)   Failure to use hand-over-hand method.

     (iii)   Excessive weaving while backing.

   (15)  Improper braking (8 points).

     (i)   Improper foot position on brake pedal.

     (ii)   Sudden or hard braking when not necessary.

     (iii)   Applying brakes in middle of a curve rather than prior to entering the curve.

     (iv)   Braking when unnecessary.

     (v)   Failure to come to a smooth stop.

     (vi)   Foot slips off brake pedal.

     (vii)   Foot misses brake pedal.

     (viii)   Failure to apply brakes in a timely manner.

   (16)  Failure to maintain minimum speed limit, unless conditions warrant caution (8 points).

     (i)   Applicant over cautious.

     (ii)   Driving 10 miles per hour below the speed limit unless conditions warrant caution.

     (iii)   Interfering with other vehicles by driving too slowly.

   The provisions of this §  75.16 amended under Vehicle Code,

   The provisions of this §  75.16 adopted May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial pages (147514) to (147516).

 The following maneuvers and faults apply to the driving examination for a Class M driver’s license:

   (1) Accident (31 points).

     (i)   An accident, however slight, which the applicant could have prevented.

     (ii)   Contact with a pedestrian which the applicant could have prevented.

   (2)  Lack of cooperation (31 points).

     (i)   Refusal to obey instructions of examiner.

     (ii)   Refusal to attempt maneuver when instructed to by the examiner.

     (iii)   Offering bribes or gratuities to the examiner.

   (3)  Serious traffic offenses (31 points).

     (i)   Stop sign offenses.

       (A)   Failure to stop for stop sign.

       (B)   Failure to stop before proceeding into intersection.

       (C)   Failure to make second stop, if necessary.

     (ii)   Red light offenses.

       (A)   Failure to stop for a red light.

       (B)   Failure to decelerate when approaching a yellow light.

       (C)   Entering into intersection as light turns red.

     (iii)   Failure to yield right-of-way.

       (A)   Failure to yield to pedestrian.

       (B)   Failure to yield to oncoming driver when making left turn.

       (C)   Failure to yield promptly to emergency vehicles.

       (D)   Failure to yield to traffic having right-of-way.

     (iv)   Driving in opposite lane continuously. Crossing double yellow line and remaining in opposite lane for extended period of time.

     (v)   Improper passing.

       (A)   Insufficient clearance for pass.

       (B)   Passing within or too close to intersection.

       (C)   Returning to lane too quickly after passing, forcing overtaken vehicle to slow down.

       (D)   Passing on right where illegal.

       (E)   Passing in no-passing zone.

     (vi)   Restriction violation.

       (A)   Being unaccompanied by licensed driver.

       (B)   Violating restriction on learner’s permit or driver’s license.

     (vii)   Speeding. Exceeding speed limit.

   (4)  Striking/jumping curb or markers (31 points).

     (i)   Driving one or more wheels over the curb or onto sidewalk.

     (ii)   Making contact with curb, sidewalk or marker.

   (5)  Failure to exhibit knowledge of controls (31 points).

     (i)   Failure to locate and operate the following controls:

       (A)   Fuel supply valve.

       (B)   Ignition switch.

       (C)   Engine cut-off switch.

       (D)   Choke.

       (E)   Clutch.

       (F)   Throttle.

       (G)   Front and rear brakes.

       (H)   Turn signals.

       (I)   Lights—high and low beams.

       (J)   Horn.

       (K)   Neutral position.

     (ii)   Improper use of controls.

   (6)  Spill (31 points).

     (i)   Falling or being thrown off motorcyle.

     (ii)   Dropping motorcycle.

   (7)  Wheelie (31 points). Front wheel lifting off road due to acceleration.

   (8)  Failure to wear protective gear (31 points).

     (i)   Failure to wear headgear when required.

     (ii) Failure to wear eye protective devices when required.

   (9)  Failure to properly start engine including inability to start due to lack of knowledge (31 points).

   (10)  Other traffic offenses (16 points).

     (i)   Improper turning.

       (A)   Failure to get into proper lane.

       (B)   Failure to stay in center of lane.

       (C)   Swinging too wide on turn.

       (D)   Cutting too short on turn.

     (ii)   Speed control according to conditions.

       (A)   Driving too fast for conditions.

       (B)   Sliding or skidding due to speed.

       (C)   Failure to decelerate when appropriate.

     (iii)   Crossing center line or crossing double yellow line momentarily.

     (iv)   Following too closely or failure to follow 4-second rule.

     (v)   Improper stopping.

       (A)   Stopping in crosswalk.

       (B)   Stopping over stop line.

       (C)   Stopping unnecessarily on roadway.

     (vi)   Failure to signal or improper signaling.

       (A)   Incorrect signal given.

       (B)   Signal continued after turn is completed.

       (C)   Signal initiated at less than appropriate distance—that is, less than 100 feet from turning or stopping points.

       (D)   Failure to signal before starting, stopping or turning.

       (E)   Failure to give audible signal before passing.

   (11)  Failure to observe traffic (16 points).

     (i)   Failure to turn head to check for traffic.

     (ii)   Failure to check for traffic when going through intersection on green light.

     (iii)   Taking eyes from road to talk to examiner while vehicle is in motion.

   (12)  Leaving bay area (16 points). Failure to stay within perimeter of bay area.

   (13)  Improper steering (16 points). Failure to stay on course.

   (14)  Failure to exercise proper judgment in traffic (16 points).

     (i)   Failure to yield.

     (ii)   Failure to maintain a safety margin in all traffic situations.

     (iii)   Improper choice of action when reacting to hazardous or emergency situations.

     (iv)   Failure to activate windshield wipers or headlights when necessary.

   (15)  Difficulty shifting (16 points).

     (i)   Lugging or revving engine.

     (ii)   Inability to shift.

     (iii)   Failure to upshift and downshift to and from second gear.

   (16)  Foot touching ground (16 points). Taking foot off footrest and touching ground except when stopping.

   (17)  Improper braking (16 points).

     (i)   Failure to use both brakes.

     (ii)   Failure to stop within prescribed area.

     (iii)   Sliding or skidding.

   (18)  Improper starting of engine and failure to exhibit smooth driving (8 points).

     (i)   Stalling engine.

     (ii)   Driving in unsmooth manner.

   (19)  Looking at controls (8 points). Inability to use a control—excluding instruments—without looking for it.

   (20)  Failure to maintain minimum speed limit, unless conditions warrant caution (8 points).

     (i)   Being over cautious.

     (ii)   Driving 10 miles per hour below the speed limit unless conditions warrant caution.

     (iii)   Interfering with other vehicles by driving too slowly.

   The provisions of this §  75.17 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

   The provisions of this §  75.17 adopted May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial pages (147516) to (147519).

   The provisions of this §  75.18 adopted May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; reserved September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial pages (147519) to (147520).

Subchapter C. ADDITIONAL EXAMINATION FOR
COMMERCIAL DRIVER’S LICENSE

Sec.

§ 75.21. Application.

 This subchapter applies to the knowledge and driving examination for a commercial driver’s license.

 (a)  Requirements. In addition to the requirements in Subchapter A (relating to general provisions), an applicant for a commercial driver’s license, except those exempted under 75 Pa.C.S. § §  1502 and 1606(b) (relating to persons exempt from licensing; and requirement for commercial driver’s license), and every driver the Department has reason to believe cannot exercise ordinary and reasonable control in the operation of a commercial motor vehicle, shall submit to knowledge and driving examinations.

 (b)  Exemptions. Under 75 Pa.C.S. §  1606(b), the following persons are not required to obtain a commercial driver’s license to drive the commercial motor vehicle specified:

   (1)  A person with a commercial driver learner’s permit who is accompanied by the holder of a commercial driver’s license valid for the vehicle being driven.

   (2)  A person in the service of the armed forces of the United States, including:

     (i)   Members of the reserves and National Guard on active duty.

     (ii)   Personnel on full-time National Guard duty.

     (iii)   Personnel on inactive National Guard duty training or part-time National Guard training and National Guard military technicians who are required to wear military uniforms and are subject to the Uniform Code of Military Justice when operating equipment owned or operated by the Department of Defense.

   (3)  A person who is a volunteer or paid firefighter with a Class C license and who has certificate of authorization from his fire chief while operating a fire or emergency vehicle registered to the fire department or municipality.

   (4)  A member of a rescue or emergency squad who is the holder of a Class C license and who has a certificate of authorization from the head of the rescue or emergency squad while operating a rescue or emergency vehicle equipped with audible and visual signals registered to the rescue or emergency squad or municipality.

   (5)  A driver with a Class C license operating a farm vehicle which is controlled and operated by a farmer and used exclusively to transport agricultural products, farm machinery or farm supplies to or from a farm. The farm vehicle may not be used in the operations of a common or contract carrier and may be used only within a radius of 150 miles of the farm.

 (c)  Endorsement and restrictions. Under 75 Pa.C.S. §  1610(b) (relating to commercial driver’s license), the following codes shall be used as required to describe the commercial driver’s license endorsements and restrictions:

   (1)  H—authorizes the driver to operate a vehicle transporting hazardous materials.

   (2)  L—restricts the driver to vehicles not equipped with air brakes.

   (3)  N—authorizes driving tank vehicles.

   (4)  P—authorizes driving vehicles carrying passengers.

   (5)  S—authorizes the driver to operate a school bus.

   (6)  T—authorizes driving double and triple trailers.

   (7)  X—represents a combination of hazardous materials and tank vehicle endorsements.

   The provisions of this §  75.22 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

 (a)  General. A person who desires a commercial driver’s license shall submit to a commercial driver’s license general knowledge examination as authorized under 75 Pa.C.S. §  1607(a) (relating to commercial driver’s license qualification standards).

 (b)  Content of general knowledge examination. The examination shall consist of at least 50 questions taken from the most recent edition of the Pennsylvania Commercial Driver’s Manual.

 (c)  Scoring. An applicant who correctly answers 80% or more of the questions shall pass the examination. Cheating, failure to obey the instructions of the examiner, offering bribes or gratuities to the examiner, fraud or misrepresentation constitutes an automatic failure of the general knowledge examination.

   The provisions of this §  75.23 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

   The provisions of this §  75.23 adopted May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial pages (147521) to (147522).

 (a)  General. A person who desires a commercial driver’s license endorsement, and a person who desires removal of a commercial driver’s license restriction, shall submit to a specialized knowledge examination for the commercial endorsement desired or to remove a commercial restriction.

 (b)  Content of specialized knowledge examination. The specialized knowledge examination shall consist of at least 20 questions taken from the most recent edition of the Pennsylvania Commercial Driver’s Manual.

 (c)  Scoring. An applicant who correctly answers 80% or more of the questions shall pass the examination. Cheating, failure to obey the instructions of the examiner, offering bribes or gratuities to the examiner, fraud or misrepresentation constitutes an automatic failure of the specialized knowledge examination.

   The provisions of this §  75.24 amended under the Vehicle Code, 75 Pa.C.S. § §  1504, 1508, 1514, 1607 and 6103.

   The provisions of these § §  75.25—75.28 adopted May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854; reserved August 23, 1996, effective August 24, 1996, 26 Pa.B. 4142. Immediately preceding text appears at serial pages (198278) to (198286).