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An occurrence of any of the following will result in the automatic failure of the skills examination by the applicant: (1) Seat belt not in use. Applicant failed to use the seat belt. The seat belt shall beproperly adjusted and fastened before the vehicle enters a public roadway. (2) Moving traffic violation. Applicant received a traffic citation for a movingviolation during the skills examination (3) Disobey sign or signal. Applicant ignored or did not obey sign or signal.(4) Speed. Applicant sped more than five (5) miles per hour over the posted speedlimit or the lawful speed limit for the vehicle being driven. (5) Fail to stop. Applicant rolled through stops or failed to stop.(7) Fail to yield. Applicant did not yield to other road users (pedestrians, vehicles,etc.). Applicant did not appropriately yield the right-of-way to pedestrians or other vehicles during driving maneuvers. (8) Left of center. Applicant drove left of center (except when needed to perform aturn safely, or any other lawful reason). (9) School bus endorsement. Commit any of the following in the procedures forpickup or discharge of students established by the State Department of Education: (A) Fail to activate amber warning lights before stop (B) Fail to set park brake and/or fail to shift to neutral (C) Use hand outside the bus to direct students (D) Fail to make final check of crossover mirrors before the bus is set in motion (10) School bus endorsement, passenger endorsement, or hazardous materialsendorsement. Commit any of the following:(A) Fail to stop vehicle at most fifty (50) feet and no less than fifteen (15) feet from first rail of railroad tracks. (B) Shift gears while crossing railroad track. (11) Avoidable crash or incident; dangerous act. Commit any of the following:(A) Applicant was involved in an avoidable crash or accident. (B) Applicant's vehicle had physical contact with other vehicles, objects, pedestrians, etc. (C) Applicant commits any act or omission that creates a dangerous or unsafe traffic environment (near accidents, etc.). (D) Drivers of other vehicles or pedestrians were forced to take evasive actions. (E) Applicant's actions force examiner to take verbal or physical control of the vehicle. (12) Put vehicle over sidewalk or curb. Driver put vehicle over curb or sidewalkunnecessarily. (13) Improper backing. Driver opens door and leans out of cab during backingmaneuver. (14) Weighted offenses. Accumulation of four (4) or more of any of the followingoffenses in any combination: (A) Failure to use turn signal (B) Failure to turn on headlamps (if required) (C) Coasting on a downgrade (gears in neutral or clutch disengaged) (D) Consistently exceed speed limit (E) Proceed through intersection on yellow light when applicant could have stopped without creating a dangerous situation.
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Retesting. (1) An applicant who fails the skills examination for a commercial driver license may be granted the opportunity to retest the following business day. (2) When an applicant fails to qualify for a commercial driver license after three (3) attempts to successfully pass the skills examination, he or she will be required to obtain a restricted commercial driver license, which shall restrict the individual to operating a commercial motor vehicle while accompanied by a qualified licensed driver in the front seat, before another skills examination will be administered. (3) The Department shall conduct the skills examination for the holder of a restricted commercial driver license not more than three (3) times, each time at least one (1) business day apart or as instructed by the examiner, beginning no sooner than thirty (30) days from the date of issuance of the restricted license. Should the restricted licensee fail the third examination, the licensee shall wait at least thirty (30) days before being given another skills examination by the Department. The fourth and subsequent examinations shall be given at the request of the restricted licensee but not more than one (1) examination shall be given every thirty (30) days. (4) In computing any time period prescribed by this subsection, the day of the failed examination from which the designated period of time begins to run shall not be included. The last day of the period computed shall be included, unless it is not a working day, in which event the period runs until the end of the next working day.
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