1. (a) Each applicant shall fail the road skills examination if he/she receives 21 demerit points or more out of a possible 100.

2. (b) Notwithstanding (a) above, the examination shall be immediately discontinued and counted as a failure in the event of any of the following:

   1. (1) Striking another vehicle, a pedestrian, or any fixed object;
   2. (2) Improper action causing collision or near-collision of other vehicles in the immediate vicinity;
   3. (3) Action requiring driving by another driver or dodging by a pedestrian to prevent collision;
   4. (4) Action requiring an examiner to come to the aid of the applicant in controlling the vehicle;
   5. (5) Stalling the vehicle within a busy intersection because of inexperience or lack of skill;
   6. (6) Driving 2 wheels over the curb or onto the sidewalk;
   7. (7) Committing any driving maneuver, either because of lack of skill or caution, which causes immediate danger to any person or property;
   8. (8) Lack of control to the point where the examiner believes continuation of the examination would be dangerous;
   9. (9) Serious violation of any traffic laws;
   10. (10) Refusal to try any maneuver; or
   11. (11) Repeated failure to follow instructions.
3. (c) The examination shall not be immediately discontinued and counted as a failure if, in the judgment of the examiner, any of the occurrences set forth in (b)(1) through (9) above were unavoidable.
4. (d) For the purposes of this section, it shall be considered a failure when an applicant fails to appear for a scheduled road skills examination, without canceling or otherwise notifying the division within 24 hours of the examination.

Source. #8405, eff 8-2-05, (formerly Saf-C 1803.07); ss by #10523, eff 2-18-14