The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF TRANSPORTATION,

DRIVER AND MOTOR VEHICLE SERVICES DIVISION





 

DIVISION 160
DRIVER TRAINING

735-160-0003
Purpose and Exemptions
(1) The purpose of chapter 735, division
160 rules is to outline the requirements for a Commercial Driver Training School
Certificate pursuant to ORS 822.515 and a Driver Training Instructor Certificate
pursuant to ORS 822.530.
(2) Except as provided in
ORS 822.500(2) and section (4) of this rule a person must obtain a Commercial Driver
Training School Certificate to operate, for consideration, a business or non-profit
enterprise engaged in educating and training persons in the driving of motor vehicles,
either practically or theoretically or both.
(3) Except as provided in
ORS 822.525(2) and section (4) of this rule, a person must obtain a Driver Training
Instructor Certificate if, for compensation, the person teaches, conducts classes,
gives demonstrations to or supervises practice in the driving of motor vehicles.
This section applies to persons acting on their own behalf, or acting as an operator
of or on behalf of, any business, nonprofit enterprise, or school engaged in educating
and training persons in the driving of motor vehicles, either practically or theoretically
or both.
(4) A person that provides
limited driver education or training for a specialized purpose is exempt from the
requirement to obtain either a Commercial Driver Training School Certificate or
a Driver Training Instructor Certificate.
(5) For purposes of ORS 822.500,
822.525 and section (4) of this rule, the following are persons who provide limited
driver education or training for a specialized purpose:
(a) A rehabilitation specialist
engaged in evaluating, assessing or retraining drivers to compensate for a physical
or mental condition or impairment.
(b) A provider of a DMV approved
accident prevention course offered primarily for insurance discount purposes pursuant
to ORS 742.490.
(c) A provider who teaches
specialized driving skills to drivers of emergency vehicles as defined by ORS 801.260.
(d) An employee of a government
entity, business, non-profit enterprise or school who provides defensive driving
training or similar driver safety instruction to employees of the government entity,
business, nonprofit enterprise or school who hold valid driver licenses.
(e) A person hired by, or
contracting with, a government entity, business, non-profit enterprise or school
who provides defensive driving training or similar driver safety instruction to
employees of the government entity, business or nonprofit enterprise who hold valid
driver licenses.
(f) A federal, state, county
or city agency that provides driver safety training to members of the public who
hold valid driver licenses, including, but not limited to teaching people how to
drive in adverse weather conditions, a safe-driving program or a motorcycle safety
program.
(g) A provider of off-the-highway
instruction in the operation of off-road racing vehicles to persons holding valid
driver licenses.
(h) A provider of off-the-highway
instruction in the operation of off-road all terrain vehicles (ATVs).
(i) A provider of training
conducted exclusively over the internet, if no classroom or behind-the-wheel training
is conducted at any physical location in Oregon.
(j) A provider of driver
improvement or similar driver safety instruction for the purpose of a court-order
or for a court diversion program.
(k) An insurer, or person
acting on behalf of an insurer, who provides defensive driving training or similar
driver safety instruction for the purpose of reducing insurance premiums, not used
to meet a DMV requirement.
(l) Providers of off the
highway training conducted exclusively for currently licensed drivers who are taking
the training to gain specific skills, not used to meet a DMV requirement. Examples
of specific skills training include, but are not limited to, hazardous driving conditions
training, crash avoidance training or tactical driver training.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
822.500 & 822.525
Stats. Implemented: ORS 822.500,
822.515, 822.525 & 822.530
Hist.: DMV 25-2005, f. 12-14-05
cert. ef. 1-1-06; DMV 18-2008, f. & cert. ef. 7-23-08; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0005
Definitions
The following definitions apply to terms
in chapter 735, division 160 rules.
(1) “Behind-the-wheel”
instruction means the portion of the training that requires the student to be located
in the automobile.
(2) “Cancellation”
in regards to a School Certificate or Instructor Certificate means to declare a
School Certificate or Instructor Certificate void with a new certificate obtainable
only as defined in OAR 735-160-0115(12).
(3) “Code of Ethics
and Rules of Conduct Violation” means any violation of the standards established
by OAR 735-160-0130.
(4) “Commercial Driver
Training School” or “School” means a privately or publicly owned
driver training facility in Oregon that has been issued a School Certificate by
DMV to provide student drivers behind-the-wheel instruction, classroom instruction
or both, for a fee.
(5) “Commercial Driver
Training School Operator” or “Operator” means the person designated
on the School Certificate as the representative responsible for the operation of
a Commercial Driver Training School certified by DMV.
(6) “Commercial Driver
Training School Instructor” or “Instructor” means a person issued
an Instructor Certificate by DMV who is an employee of a Commercial Driver Training
School, and who teaches, conducts classes, gives demonstrations or supervises the
practice of student drivers.
(7) “Corrected School
Certificate” means a certificate issued based on an application submitted
by an Operator to:
(a) Correct or change a school
name or address; or
(b) Correct or change the
person designated as the school’s Operator.
(8) “Corrected Instructor
Certificate” means a certificate issued based on an application submitted
by an Instructor to:
(a) Correct or change the
name or address of the school employing the Instructor; or
(b) Correct or change the
Instructor’s name.
(9) “DMV” means
the Driver and Motor Vehicle Services Division of the Department of Transportation.
(10) “Employee”
means an individual who may or may not provide services for the school for compensation.
For purposes of these rules, this definition includes an independent contractor.
(11) “Instructor Certificate”
means a certificate issued by DMV as provided in ORS 822.530 to a Commercial Driver
Training School Instructor to provide, for a fee, student drivers behind-the-wheel
instruction, classroom instruction, or both.
(12) “Instructor Card”
means a Card issued to an Instructor certified by DMV as evidence of Instructor
certification.
(13) “Jurisdiction”
means a state, territory, or possession of the United States, the District of Columbia,
a territory or province of Canada, any state of the Republic of Mexico or the Federal
District of Mexico or foreign government that has legal authority to issue driver
licenses.
(14) “Permanent classroom
facility” means a classroom used on a continuing, ongoing basis.
(15) “Revocation”
means the termination of the authority granted under a School Certificate or an
Instructor Certificate for a specified period, with a new certificate obtainable
only as defined under 735-160-0115(11).
(16) “School Certificate”
means a certificate issued by DMV as provided in ORS 822.515 to a Commercial Driver
Training School Operator.
(17) “Student driver”
or “student” means a person who is receiving classroom or behind-the-wheel
instruction, or both, at a Commercial Driver Training School.
(18) “Supplemental
School Certificate” means a certificate issued by DMV that authorizes a school
to operate, under the same business name, at an additional business location that
is 500 or more feet beyond any other authorized business location of the school.
An additional business location includes a location where business records are kept
and business activities are conducted but does not include a location where only
instruction is provided.
(19) “Suspension”
means the temporary withdrawal for a specified period of time of the authority to
conduct business or perform instructional activities granted under a School Certificate
or an Instructor Certificate.
(20) “Traffic crime”
means a conviction under Oregon statute or city ordinance, or a comparable statute
or city ordinance of any other jurisdiction, for any misdemeanor or felony involving
the use of a motor vehicle that may result in a jail sentence.
(21) “Warning”
means a written correction notice issued by DMV to the Operator or an Instructor
of a Commercial Driver Training School that requires corrective action be taken
as specified by DMV.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
822.515 & 822.530
Stats. Implemented: ORS 822.515
Hist.: MV 2-1993, f. &
cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0010
Commercial Driver Training School
Operator Qualifications
(1) An Operator of the school must be
at least 21 years of age and meet the qualification requirements of sections (2)
through (7) of this rule.
(2) An Operator must not
have a conviction for any of the following crimes:
(a) A traffic crime as defined
by ORS 801.545 and OAR 735-160-0005(20). This subsection does not apply if the conviction
occurred more than five years preceding the date an application for a School Certificate
or Corrected School Certificate is submitted to DMV;
(b) Kidnapping, custodial
interference, subjecting another to involuntary servitude, or trafficking in persons
as defined in ORS 163.225 through 163.266;
(c) Any sexual offense, with
or without force, any offense related to child pornography or any offense compelling
or promoting prostitution;
(d) Any crime involving death,
injury or threat of injury to another person;
(e) Any crime involving theft,
forgery, fraud, falsifying or tampering with records, or racketeering; or
(f) Any crime relating to
the unlawful possession, use, sale, manufacture or distribution of controlled substances
or alcoholic beverages.
(3) An Operator who has been
convicted of one of the crimes listed in section (2) of this rule may include an
explanation of the crime or evidence of intervening circumstances since the conviction.
DMV may issue a School Certificate if the person is otherwise qualified and DMV
determines based on the explanation or evidence DMV determines that the conviction
does not affect the person’s fitness to be an Operator.
(4) An Operator must not
engage in conduct that is substantially related to the person’s fitness to
be an Operator or that demonstrates unfitness and inability to perform the responsibilities
of an Operator. DMV will determine from the facts of the conduct, and the intervening
circumstances known to DMV, if the person is fit to perform the responsibilities
of an Operator or poses a risk to the safety of others while performing those responsibilities.
(5) An Operator may not be
the operator of any school in Oregon if a School Certificate issued to the operator
is currently revoked for an offense described in OAR 735-160-0010(2). An Operator
may not be the operator of any school in Oregon if a School Certificate issued to
the Operator is currently suspended, revoked, canceled, or withdrawn unless the
School Certificate is reinstated or is eligible and the Operator meets all eligibility
requirements of OAR 735-160-0010.
(6) An Operator must not
have been the operator of any school in another jurisdiction that has been suspended,
revoked, canceled, or withdrawn for the same or a similar offense as described in
OAR 735-160-0010(2) within five years preceding the date of application for a School
Certificate or Corrected School Certificate. DMV will review the results of an operator’s
criminal history to determine whether the offense is applicable.
(7) The criteria described
in this rule apply to a current School Certificate and may provide grounds for suspension,
revocation, or cancellation as described in OAR 735-160-0115 if an Operator fails
to remain qualified as prescribed under this rule.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
822.500, 822.515 & 822.530
Stats. Implemented: ORS 822.500
& 822.515
Hist.: MV 43, f. & ef.
12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered
from 735-051-0010; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. &
cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0011
Issuance of Commercial Driver Training School Certificate
(1) An Operator must apply for an original
or renewal School Certificate pursuant to ORS 822.515 and must:
(a) Submit a completed application
on a form or in a format provided or established by DMV;
(b) Meet the qualifications
listed in OAR 735-160-0010;
(c) Authorize DMV to obtain
the Operator’s criminal background information. Criminal background information
will only be used to determine Operator qualifications and may be used as evidence
in any contested case hearing or appeal as described in section (6) of this rule.
Such information will otherwise be kept confidential and not released to any person
unless DMV determines a record, or any portion thereof, must be released pursuant
to the Public Records Law, ORS 192.410 to 192.505, or the Attorney General or a
court orders disclosure in accordance with the Public Records law.
(d) Submit a School bond
that complies with the requirements of ORS 822.505, on a form prescribed by DMV,
and certify that a bond will remain in effect as long as the School Certificate
is valid;
(e) Submit proof of insurance
that complies with the requirements of ORS 822.510, on a form prescribed by DMV.
The Operator must certify that insurance will remain in effect as long as the School
Certificate is valid;
(f) Submit the fee required
under ORS 822.700; and
(g) Register the business
name with the Secretary of State, Corporation Division and provide the registry
number.
(2) The business location
of the School must comply with the requirements of OAR 735-160-0020.
(3) Once issued, a School
Certificate is not transferable to any other Commercial Driver Training School.
(4) An Operator must submit
to DMV a renewal application, supporting documents and payment for a School Certificate
no later than the last day of the calendar year. DMV will provide a grace period
of 45 days for the application to be processed during which time the existing School
Certificate will remain valid. A renewal application that is received after the
expiration date of the existing School Certificate will be treated as an application
for an original School Certificate.
(5) DMV will not issue or
renew a School Certificate if:
(a) The qualifications or
requirements set forth in Chapter ORS 822 and OAR chapter 735 division 160 rules
are not met; or
(b) DMV determines information
contained in the application is false.
(6) If DMV refuses to issue
or renew a School Certificate, DMV will notify the Operator in writing. The Operator
may request a contested case hearing. The hearing is conducted in accordance with
the contested case provisions of the Administrative Procedures Act, ORS 183.310
to 183.500 and is subject to the following:
(a) A request for hearing
must be submitted in writing to and received by DMV within 20 days of the date the
refusal notification is mailed to the Operator. DMV will not issue a School Certificate
pending the outcome of the contested case hearing. If DMV refuses to renew a School
Certificate, the expired School Certificate remains valid pending the outcome of
the contested case hearing, unless the basis for the refusal is failure to provide
or maintain a School bond or provide proof of insurance, as required, or DMV determines
continued operation of the School would constitute a serious danger to the public
health or safety.
(b) Failure to timely request
a hearing constitutes waiver of the right to a hearing and no School Certificate
will be issued or renewed until the requirements of ORS 822.500 to 822.515 and the
OAR chapter 735, division 160 rules are satisfied.
(7) Failure to maintain any
of the requirements as prescribed under this rule may result in a sanction as described
in OAR 735-160-0115 of a School Certificate issued or renewed in accordance with
this rule.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
822.505, 822.510 & 822.515
Stats. Implemented: ORS 822.500,
822.510 & 822.515
Hist.: DMV 15-2005, f. &
cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0015
Commercial Driver Training School
Operator Responsibilities
(1) An Operator must:
(a) Notify DMV by mail, email
or facsimile within 10 calendar days of any of the following:
(A) The location of any permanent
classroom facility changes;
(B) The School goes out of
business and ceases operations;
(C) The Operator no longer
meets or maintains the qualifications set forth in OAR 735-160-0010;
(D) The School does not maintain
the requirements set forth in OAR 735-160-0011;
(E) An Instructor whose employment
with the School has terminated; or
(F) An Instructor employed
by the School who no longer meets or maintains the qualifications, responsibilities
or requirements set forth in OAR 735-160-0075, 735-160-0080, and 735-160-0095, including
an explanation of why the Instructor no longer meets the qualifications, responsibilities,
or requirements.
(b) File an application with
DMV for a Corrected School Certificate within 10 calendar days if the name or address
of the School changes or the School Operator’s name changes. If the name of
the School changes, the Operator must submit bond and insurance documents in the
new business name to DMV within thirty (30) days;
(c) Make any and all business
records, vehicles and facilities related to the operation of the School available
for inspection by a DMV inspector in accordance with OAR 735-160-0030. DMV may conduct
an inspection with or without prior notice to the School Operator;
(d) Establish procedures
that reasonably insure no Instructor or student is under the influence of any intoxicant
during classroom or behind-the-wheel instruction;
(e) Provide student with
a copy of, or prominently display in a publicly accessible and conspicuous manner,
a complaint procedure that includes DMV contact information;
(f) Comply with all statutes,
administrative rules, and regulations related to the operation of a Commercial Driver
Training School;
(g) Adhere to the Code of
Ethics and Rules of Conduct set forth in OAR 735-160-0130;
(h) Authorize only a person
that has been issued an Instructor Certificate, who is employed by the School, to
provide classroom or behind-the-wheel instruction to a student driver;
(i) Notify DMV by facsimile,
email or mail within 24 hours (excluding weekends and state holidays) of any:
(A) Notice of a civil legal
action filed against the School, Operator or an Instructor which is related to the
School’s operations; or
(B) Criminal investigation,
arrest or conviction for an offense described in OAR 735-0160-0010(2); and
(j) If requested, respond
to DMV by mail, email or facsimile within 10 calendar days to any complaint received
by DMV.
(2) An Operator must not:
(a) Falsify or tamper with
any records;
(b) Act as a Commercial Driver
Training Instructor unless the Operator has been issued an Instructor Certificate
by DMV;
(c) Transfer or allow any
other School or Operator to use the School Certificate issued to the Operator;
(d) Knowingly assist a person
to fraudulently obtain driving privileges from DMV; or
(e) Permit an Instructor
who works for the School to:
(A) Provide classroom or
behind-the-wheel instruction to any student driver who is not enrolled in the School.
This subsection does not apply to instruction given by an Instructor to his or her
immediate family members;
(B) Conduct any behind-the-wheel
instruction with any student driver not in possession of a valid driver license
or instruction permit;
(C) Provide behind-the-wheel
instruction to any student driver on a driving route specifically used by DMV to
test applicants for Oregon driving privileges;
(D) Provide questions and
answers that are identical to a DMV knowledge test during classroom training;
(E) Allow any Instructor
who does not have a valid Oregon driver license to conduct behind-the-wheel instruction
and not allow any Instructor who does not have a valid driver license to conduct
classroom training.
(f) Permit any person under
the age of 19 to conduct any instruction, or permit any person under the age of
21 to conduct behind-the-wheel instruction.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
822.505, 822.510, 822.515 & 822.530
Stats. Implemented: ORS 822.505,
822.510 & 822.515
Hist.: MV 2-1993, f. &
cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0020
Location and Advertising
(1) No School may have a business location
closer than 1,500 feet to any DMV office, unless it has continuously operated in
that location prior to the opening of the DMV office.
(2) No School may be operated
from a liquor store, bar, tent, temporary stand, temporary address, mailing service,
or through a telephone answering service.
(3) Every School must have
a business location in Oregon having at least one structure where records required
to be maintained are kept and made available for DMV inspection. The School Certificate
must list the business location.
(4) A Commercial Driver Training
School with more than one business location must, on a form supplied by DMV, apply
for and be issued a Supplemental School Certificate for each additional business
location not listed on the School Certificate. A supplemental business location
must be 500 or more feet from any other business location of the School and must
operate under the same business name as that listed on the School Certificate. The
Supplemental School Certificate must list the supplemental business location.
(5) If the business location
changes, the School must be issued a Corrected School Certificate before business
may be conducted at the new location. If the name of the School changes, the School
must obtain a Corrected School Certificate and Corrected Supplemental School Certificate
for each business location before business may be conducted under the new name.
(6) Access to the most current
Oregon Vehicle Code statutes and the most current Oregon Administrative Rules relating
to driver licensing must be available at each business location and supplemental
business location of the School. The statutes and administrative rules must be made
available for view by the public upon request. Access to the statutes and administrative
rules may be provided electronically through the internet.
(7) The following advertising
practices must be followed:
(a) No advertisement, publication,
employee or other person affiliated with the School may indicate or imply that enrollment
in the School guarantees issuance of driving privileges;
(b) No employee or other
person affiliated with the School may solicit business or cause business to be solicited
on its behalf or display or distribute any advertising material within 1,500 feet
of any DMV office, unless the business location of the School is within 1,500 feet
as authorized under section (1) of this rule;
(c) School forms, agreements,
advertising and business premises signs may say: “This school is certified
by the State of Oregon.” There may be no suggestion, either express or implied,
in any form, agreement, advertisement, publication, business solicitation, or business
sign that the School is endorsed or recommended by the State of Oregon or any agency
of the State;
(d) Only the business location
or supplemental business location address as it appears on the School Certificate
or Supplemental School Certificate may be included in any advertisement or business
solicitation;
(e) No advertisement, publication,
or business solicitation may be false, deceptive, or misleading and no employee
or other person affiliated with the School may disseminate false, deceptive, or
misleading information about the School or authorize others to do the same;
(f) Only the School name
as it appears on the current School Certificate may be used in any publication,
form, advertisement, business solicitation, or sign; and
(g) No advertisement, publication,
employee, or other person affiliated with the School may knowingly encourage persons
who are not domiciled in or residents of Oregon to apply for Oregon driving privileges.
Stat. Auth.: ORS 184.616, 184.619, 802.010
& 822.515
Stats. Implemented: ORS 822.515
Hist.: MV 43, f. & ef.
12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered
from 735-051-0015; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. &
cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13
735-160-0030
Commercial Driver Training School Records
(1) The records of all student drivers enrolled in any class or course offered by the school must be retained as set forth in this rule, including the records of those student drivers who withdrew or were terminated from the school.
(2) A student driver record must contain, but is not limited to the following:
(a) The complete name of the student driver;
(b) The driver license or instruction permit number of the student driver and the name of the state that issued the license or permit if available;
(c) The name and Instructor Certificate number of each Instructor who provided training;
(d) Number of hour(s), date(s) of service, and type of training (behind-the-wheel or classroom) participated in by the student driver;
(e) All written contracts or agreements, signed by the student driver; and
(f) A copy of the school grievance procedure for handling student or parent complaints, unless grievance procedure is posted in accordance with 735-160-0015(1).
(3) The records of all school instructors, including current and past instructors must be retained as set forth in this rule. An instructor record must contain:
(a) The instructor's driver license number, date(s) of employment with the school, job application or resume; and
(b) A copy of the Instructor Certificate issued by DMV to the instructor.
(4) Maintain a monthly listing containing information from OAR 735-160-0030(2)(a), (b), (c) and (d) (above) for students that participated in driver training. This list must be made available to DMV upon request.
(5) The original student driver records, instructor records and any records documenting compliance with any statutes or administrative rules must be maintained as originals in paper format or electronically for a period of three years at the business location, or may be kept at a supplemental business location certified by DMV if the records relate to student drivers or instructors at the supplemental location. For good cause shown or upon a showing of a business necessity, DMV, in its sole discretion, may authorize an operator to maintain the school records at another location within the State of Oregon.
(6) Instructor records must be maintained permanently for current employees. After employee separation, instructor records must be kept for an additional three years after the separation date.
(7) All records must be made available to DMV within 5 (five) business days of request, excluding weekends and state holidays.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.515

Stats. Implemented: ORS 822.515

Hist.: MV 43, f. & ef. 12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0020; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0035
Inspection and Investigation
(1) DMV will periodically inspect a
School to determine it is complying with all laws and administrative rules pertaining
to Commercial Driver Training Schools, including Instructor certification and operation
requirements.
(2) All records subject to
this rule must be available for inspection by an authorized representative(s) of
DMV. DMV may conduct a random inspection of the business premises, records, or equipment
of a School to review compliance with Oregon statutes and administrative rules.
DMV may give notice and arrange an appointment with the Operator prior to an inspection,
or may conduct a random inspection without providing notice to the Operator. The
Operator must consent to and fully cooperate with any inspection.
(3) Inspections may include
examination of:
(a) All student driver records
regardless of whether the student driver completed or failed to complete the School’s
driver training program;
(b) The records of current
or former Instructors employed by the School;
(c) Any motor vehicles used
for training student drivers, to ensure that the vehicles meet the equipment standards
of OAR 735-160-0040;
(d) Any curriculum and instructional
materials used to teach or demonstrate how to drive; and
(e) Those facilities, records,
or equipment DMV deems necessary to inspect, in its discretion, to ensure that the
School is complying with all applicable provisions of law.
(4) Refusal to permit DMV
to conduct an inspection will result in a sanction imposed pursuant to OAR 735-160-0125.
(5) DMV may investigate any
complaint it receives about an Operator or Instructor. The Operator, Instructor
and employees of the School must cooperate with DMV during the investigation. If
requested by DMV, the Operator must respond to the complaint in writing and submit
the response to DMV by mail, email or facsimile within 10 calendar days from the
date DMV notifies the Operator of the complaint.
(6) DMV will prepare a written
report of each inspection and investigation. A copy of the DMV report, including
any sanction or corrective action, will be sent to the Operator.
(7) The Operator must correct
any deficiency identified by a DMV inspector during an on-site inspection, within
30 calendar days of the date the inspection report requiring corrective action is
issued by DMV.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
822.515 & 822.530
Stats. Implemented: ORS 822.515
Hist.: MV 2-1993, f. &
cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0040
Vehicle Equipment
(1) Any motor vehicles owned or leased by a School for behind-the-wheel instruction must:
(a) Be equipped with dual controls. Dual controls consist of:
(A) A foot brake control for both the student driver and the instructor, connected either by mechanical or hydraulic means; and
(B) A clutch control connected either by mechanical or hydraulic means if the vehicle is equipped with a manual transmission.
(b) Be maintained in safe mechanical and physical condition;
(c) Meet the safety equipment standards of the Oregon Vehicle Code, as provided in ORS Chapter 815;
(d) Be equipped with safety belts that meet the standards required under ORS 815.055 and OAR 735-102-0000, for each person in the vehicle;
(e) Have all equipment functioning properly;
(f) Be properly registered in compliance with the laws of Oregon;
(g) Be covered by at least the minimum insurance requirements established under ORS 822.510; and
(h) Be equipped with the following emergency equipment:
(A) Fire extinguisher;
(B) First aid kit; and
(C) Three flares or three red emergency triangles.
(2) Motorcycles or mopeds are not required to comply with subsections (1)(a), (d) and (h) of this rule.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.515

Stats. Implemented: ORS 822.515

Hist.: MV 43, f. & ef. 12-8-69; MV 6-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered from 735-051-0025; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0050
Curriculum Standards and Courses for Commercial Driver Training School Program
(1) The curriculum standards established in sections (2) and (3) of this rule will have the goal of proper training of student drivers to provide maximum safety for all persons who travel or otherwise use the public highways, and to reduce traffic violations and traffic crashes.
(2) Classroom training may include, but need not be limited to, instruction on:
(a) Knowledge of Oregon motor vehicle statutes and administrative rules related to the operation of a motor vehicle on public highways and premises open to the public;
(b) Safe driving practices;
(c) Driving techniques for different types of roads and road surfaces, and for safe driving near pedestrians, trains, and other vehicles including, but not limited to, cars, trucks, bicycles, and motorcycles;
(d) Driver responsibility including, but not limited to, automobile maintenance, insurance, use of safety belts and child restraints, passenger safety, and the implied consent laws;
(e) Defensive driving practices and techniques;
(f) How the laws of physics affect driving;
(g) How a driver's physical, emotional, and psychological condition affects driving ability;
(h) How driver use of alcohol, drugs, inhalants, or other substances affect driving ability; and,
(i) Dealing with emergency situations and vehicle malfunctions while driving.
(3) Behind-the-wheel instruction may include, but need not be limited to, instruction on:
(a) Operation of vehicle controls;
(b) Performing vehicle maneuvers such as starting, stopping, lane changes, backing, braking, parking, steering, and turning a vehicle under a variety of traffic conditions;
(c) Managing space around the vehicle by adjusting speed and position to avoid conflicts and reduce risk;
(d) Processing traffic and vehicle information into speed and position changes based on visual skills, space management, vehicle speed control, and control of road; and
(e) Precision movements for maintaining vehicle control and balance in expected and unexpected situations based on vehicle speed control, vehicle balance, collision avoidance, traction control, response to mechanical failures, and traction loss.
(4) During any behind-the-wheel instruction session, the following safety requirements must be met:
(a) Only the student driver operating the vehicle and the instructor shall be seated in the front seats of the vehicle; and
(b) All vehicle occupants shall use safety belts at all times while in the vehicle.
Stat. Auth.: ORS 184.616, 184.619, 802.010 & 822.515

Stats. Implemented: ORS 822.515

Hist.: MV 43, f. & ef. 12-8-69; Administrative Renumbering 3-1988, Renumbered from 735-051-0030; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0075
Commercial Driver Training School Instructor Qualifications
(1) No person will teach, conduct classes,
give demonstrations to, or supervise the practice of student drivers for compensation
unless he or she is issued an Instructor Certificate by DMV.
(2) To be eligible for an
Instructor Certificate, or to renew or maintain an Instructor Certificate, a person
must:
(a) Be at least 21 years
of age to conduct behind-the-wheel training and age 19 to conduct classroom training;
(b) Be an employee of a School
that holds a valid and current School Certificate issued by DMV;
(c) Have valid Oregon driving
privileges, or valid driving privileges from another jurisdiction, for at least
three years preceding the date an application for an Instructor Certificate is submitted
to DMV if the person will only conduct classroom training, or valid driving privileges
for at least five years preceding the date an application for an Instructor Certificate
is submitted to DMV if the person will conduct behind-the-wheel instruction. To
be valid, driving privileges must not be suspended, revoked, canceled, or otherwise
withdrawn for a violation of a traffic crime described in OAR 735-160-0005(20) and
ORS 801.545. For purposes of these OAR 735 division 160 rules, a hardship or probationary
permit does not constitute valid driving privileges. A person who has not held Oregon
driving privileges for the periods described above, may be required to submit a
certified driving record from each jurisdiction that issued driving privileges during
that period;
(d) Not have a conviction
for any of the following crimes:
(A) A traffic crime as defined
by ORS 801.545 and OAR 735-160-0005(20). This subsection does not apply if the conviction
occurred more than five years preceding the date an application for an Instructor
Certificate is submitted to DMV;
(B) Kidnapping, custodial
interference, subjecting another to involuntary servitude, or trafficking in persons
as defined in ORS 163.225 through 163.266;
(C) Any sexual offense, with
or without force, any offense related to child pornography, or compelling or promoting
prostitution;
(D) Any crime involving death,
injury or threat of injury to another person;
(E) Any crime involving theft,
forgery, fraud, falsifying or tampering with records, or racketeering; or
(F) Any crime relating to
the unlawful possession, use, sale, manufacture, or distribution of controlled substances
or alcoholic beverages;
(e) Not engage in conduct
that is substantially related to the person’s fitness to be an Instructor
or that demonstrates unfitness and inability to perform the responsibilities of
an instructor. DMV will determine from the facts of the conduct, and the intervening
circumstances known to DMV, if the person is fit to perform the responsibilities
of an Instructor or poses a risk to the safety of others while performing those
responsibilities; and
(f) Have received a passing
score on the written knowledge test and the certification drive test described in
OAR 735-160-0100 if the person is required to take the certification drive test
under OAR 735-160-0080(3).
(g) Currently have valid
Oregon driving privileges if the person will conduct behind-the-wheel training.
(3) A person is not eligible
for an Instructor Certificate, and will not be allowed to renew or maintain an Instructor
Certificate if:
(a) The person has a physical
or mental condition or impairment affecting the person’s ability to teach,
give demonstrations, or supervise the practice of student drivers in a motor vehicle;
(b) The person’s vision
in both eyes, with or without corrective lenses, does not meet a minimum acuity
of 20/40. Corrective lenses do not include bioptic telescopic lenses. This requirement
does not apply to a person applying to conduct only classroom training.
(c) The person’s driving
privileges are revoked as a habitual offender under ORS 809.600 or any equivalent
action in another jurisdiction. This section applies if the person’s driving
privileges were revoked as a habitual offender and have not been restored under
ORS 809.660 or its equivalent in another jurisdiction at least five years prior
to the date an application for an Instructor Certificate or Corrected Instructor
Certificate is submitted to DMV;
(d) The person is enrolled
or participating in a DUII diversion program including an equivalent diversion program
in another jurisdiction. This section will apply if the person was enrolled or participated
in a diversion program anytime within the five years preceding the date an application
for an Instructor Certificate is submitted to DMV;
(e) The person has had a
suspension of driving privileges under a driver improvement program, including an
equivalent driver improvement program in another jurisdiction. This section will
apply if the suspension occurred within the last three years preceding the date
an application for an Instructor Certificate is submitted;
(f) The person refuses to
take a breath or blood test in accordance with ORS 813.100 or any equivalent violation
in another jurisdiction. This section applies if the person refused a breath test
anytime within five years preceding the date an application for an Instructor Certificate
is submitted to DMV;
(g) The person fails to pass
a breath or blood test in accordance with ORS 813.100 or any equivalent violation
in another jurisdiction. This section applies if the person fails a breath test
anytime within five years preceding the date an application for an Instructor Certificate
is submitted to DMV;
(h) The person is an Instructor
at any School in Oregon whose School Certificate is currently revoked, canceled,
or withdrawn unless the Operator has completed the terms of their sanction according
to OAR 735-160-0125; or
(i) The person has an Instructor
Certificate or School Certificate that is suspended, revoked, canceled, or withdrawn
or a similar sanction in this or in any other jurisdiction, on the date the application
for an Instructor Certificate is submitted to DMV. The person must disclose on the
application if he or she has been certified as an Instructor or Operator in the
past three years in any other jurisdiction, and specify the jurisdiction(s). DMV
will verify whether the person’s certification is currently withdrawn in that
jurisdiction and if it is grounds for denial or withdrawal of an Oregon Instructor
Certificate.
(4) A person who has been
convicted of one of the crimes listed in section (2) of this rule may include an
explanation of the crime or evidence of intervening circumstances since the conviction.
Notwithstanding the conviction DMV may issue an Instructor Certificate if the person
is otherwise qualified and DMV determines based on the explanation or evidence that
the conviction does not affect the person’s fitness to be an Instructor.
(5) A person whose driving
privileges have been suspended as described in section (3)(e) of this rule may include
an explanation or evidence of intervening circumstances since the suspension. Notwithstanding
the suspended driving privileges, DMV may issue an Instructor Certificate if the
person is otherwise qualified and DMV determines based on the explanation or evidence
that the suspension does not affect the person’s fitness to be an Instructor.
(6) An applicant who has
answered “Yes” to any medical question on the application, or whose
driving privileges are cancelled, suspended or revoked due to a mental or physical
condition may include an explanation or evidence regarding the condition. DMV may
request additional information from the applicant including, but not limited to,
documentation regarding the nature of the condition from a licensed medical practitioner.
Notwithstanding the condition, DMV may issue an Instructor Certificate if the person
is otherwise qualified and based on the explanation or evidence DMV determines that
the condition does not affect the person’s fitness to be an Instructor.
(7) The criteria described
in this rule apply to a current Instructor Certificate and may provide grounds for
suspension, revocation, or cancellation as described in OAR 735-160-0115 if an Instructor
fails to remain qualified as prescribed under this rule.
Stat. Auth.: ORS 184.616, 814.619, 802.010
& 822.530
Stats. Implemented: ORS 822.530
Hist.: DMV 15-2005, f. &
cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0080
Issuance of Commercial Driver Training
School Instructor Certificate
(1) An applicant must apply for an original
or renewal Instructor Certificate pursuant to ORS 822.530 and must:
(a) Submit a completed application
on a form or in a format provided or established by DMV;
(b) Meet the Instructor qualifications
listed in OAR 735-160-0075;
(c) Pass the knowledge and
certification drive test requirement in accordance with OAR 735-160-0100. The drive
test is not required if:
(A) The applicant can provide
proof that he or she completed the Transportation Safety Division (TSD) approved
Foundations course and the TSD approved course of study for behind-the-wheel instructor
preparation, including an in-car practicum with beginning drivers;
(B) The applicant is an approved
ODOT-TSD Traffic Safety Education Instructor; or
(C) The applicant will only
conduct classroom training.
(d) Authorize DMV to obtain
the applicant’s criminal background information. Criminal background information
will only be used to determine the person’s qualifications to be an Instructor
and may be used as evidence in any contested case hearing or appeal as described
in section (6) of this rule. Such information will otherwise be kept confidential
and not released to any person unless DMV determines a record, or any portion thereof,
must be released pursuant to the Public Records Law, ORS 192.410 to 192.505, or
the Attorney General or a court orders disclosure in accordance with the Public
Records Law.
(e) Submit the fee required
under ORS 822.700; and
(f) Possess and maintain
a current and valid Oregon driver license. If only conducting classroom training,
the applicant may possess and maintain a current and valid driver license from another
jurisdiction.
(2) An Instructor must submit
to DMV a renewal application, supporting documents and payment for an Instructor
Certificate no later than the last day of the calendar year. DMV may provide a grace
period of 45 days for the application to be processed during which time the existing
Instructor Certificate will remain valid. A renewal application that is received
after the last day of the calendar year will be treated as an application for an
original Instructor Certificate.
(3) DMV will not issue or
renew an Instructor Certificate if:
(a) Any of the qualifications
or requirements set forth in ORS Chapter 822 and OAR chapter 735, division 160 rules
are not met; or
(b) DMV determines information
contained in the application is false.
(4) If DMV refuses to issue
or renew an Instructor Certificate, DMV will notify the person in writing. The person
may request a contested case hearing. The hearing is conducted in accordance with
the applicable contested case provisions of the Administrative Procedures Act, ORS
183.310 to 183.500 and is subject to the following:
(a) A request for hearing
must be submitted in writing and received by DMV within 20 days of the date the
refusal notification is mailed to the person. DMV will not issue an Instructor Certificate
pending the outcome of the contested case hearing. If DMV refuses to renew an Instructor
Certificate, the expired Instructor Certificate remains valid pending the outcome
of the contested case hearing; and
(b) Failure to timely request
a hearing constitutes waiver of the right to a hearing and no Instructor Certificate
will be issued or renewed until the requirements of ORS 822.500 to 822.515 and OAR
chapter 735, division 160 rules are satisfied.
(5) Failure to maintain any
of the requirements as prescribed under this rule may result in a sanction as described
in OAR 735-160-0115 of an Instructor Certificate issued or renewed in accordance
with this rule.
Stat. Auth.: ORS 184.616, 184.619, 802.010
& 822.530
Stats. Implemented: ORS 822.530
Hist.: MV 43, f. & ef.
12-8-69; MV 7-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered
from 735-051-0005; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. &
cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0095
Commercial Driver Training School
Instructor Responsibilities
(1) An Instructor shall:
(a) Meet and remain in compliance
with the Instructor qualifications set forth in OAR 735-160-0075;
(b) Provide student driver
training that meets the curriculum requirements set forth in OAR 735-160-0050;
(c) Accurately complete all
applicable student driver records required under OAR 735-160-0030;
(d) Adhere to the Code of
Ethics and Rules of Conduct set forth in OAR 735-160-0130;
(e) Comply with all statutes,
administrative rules and regulations relating to acting as an Instructor;
(f) Carry the Instructor’s
card at all times while providing instruction;
(g) Notify DMV by mail or
facsimile within 24 hours, excluding state holidays or weekends of any:
(A) Notice of civil legal
action filed against the Instructor related to acting as an Instructor; or
(B) A criminal investigation,
arrest or conviction for an offense described in OAR 735-160-0075(2)(d); and
(C) If requested, respond
to DMV in writing or by facsimile or mail within 10 calendar days (excluding weekends
and state holidays) to any complaint received by DMV.
(2) An Instructor shall not:
(a) Falsify or tamper with
any records;
(b) Transfer to or allow
any other person to use his or her Instructor Certificate or Instructor Card;
(c) Knowingly assist a person
in fraudulently obtaining driving privileges from DMV;
(d) Provide classroom or
behind-the-wheel instruction to any student driver who is not enrolled in the School.
This subsection does not apply to the Instructor’s immediate family members;
(e) Allow any student driver
to operate a motor vehicle without a valid driver license or instruction permit;
(f) Provide behind-the-wheel
instruction to any student driver on a driving route specifically used by DMV to
test applicants for Oregon driving privileges;
(g) Provide questions and
answers that are identical to a DMV knowledge test during classroom training;
(h) Allow any student driver
to participate in classroom instruction or behind-the-wheel instruction if the Instructor
has reason to believe the student driver is under the influence of an intoxicant;
(i) Provide classroom instruction
or behind-the-wheel instruction if the Instructor is under the influence of an intoxicant;
or
(j) Act as an Instructor
for behind-the-wheel training without a valid Oregon driver license or provide classroom
instruction without a valid driver license.
Stat. Auth.: ORS 184.616,
184.619, 802.010, 822.525 & 822.530
Stats. Implemented: ORS 822.530
Hist.: MV 2-1993, f. &
cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0100
Commercial Driver Training School
Instructor Testing
(1) The knowledge test required by OAR
735-160-0080 for an applicant will consist of questions about:
(a) The Oregon Vehicle Code;
(b) Safe driving practices;
(c) The operation of motor
vehicles;
(d) The methods and requirements
for instructing student drivers under OAR 735-160-0050; and
(e) The qualification and
responsibilities related to being an Instructor under OAR 735-160-0003 through 735-160-0130.
(2) The certification driving
test required by OAR 735-160-0080 examines the applicant’s ability to drive
consistent with the standards established by ORS 807.070(3) and OAR 735-160-0050.
(3) Each applicant will be
given a maximum of three opportunities in one year to pass the knowledge test or
the certification drive test in accordance with sections (4) and (5) of this rule.
(4) Applicants, required
to pass a certification drive test under OAR 735-160-0080(3), who fail the certification
drive test on the first attempt must wait at least seven calendar days before taking
a second certification drive test. Individuals who fail the certification drive
test on the second attempt must wait 14 calendar days before taking a third certification
drive test. Applicants who fail the third certification drive test must wait one
year from the date of taking the third certification drive test.
(5) Applicants who fail the
knowledge test on the first attempt must wait at least seven calendar days before
taking a second knowledge test. Individuals who fail the knowledge test on the second
attempt must wait 14 calendar days before taking a third knowledge test. Individuals
who fail the third knowledge test must wait one year from the date of taking the
third knowledge test.
(6) Applicants must receive
a passing score of 85 percent or higher on the written knowledge test described
in section (1) of this rule and a passing score of 90 percent or higher on the certification
drive test described in section (2) of this rule.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
822.515 & 822.530
Stats. Implemented: ORS 822.530
Hist.: MV 43, f. & ef.
12-8-69; MV 7-1981, f. & ef. 7-1-81; Administrative Renumbering 3-1988, Renumbered
from 735-052-0015; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. &
cert. ef. 5-19-05; DMV 15-2013, f. & cert.ef. 9-24-13
735-160-0110
Instructor Certificate Issuance, Correction, Surrender, and Replacement
(1) DMV will issue an Instructor Certificate and Instructor's card to an applicant who has met all the requirements of OAR 735-160-0075 through 735-160-0100. The name of the school employing the applicant shall be included on the Instructor Certificate and Instructor's card.
(2) An Instructor Certificate and Instructor's card are not transferable.
(3) An instructor must obtain a corrected Instructor Certificate and Instructor card when:
(a) The name or address of the school currently employing the instructor changes or is incorrect; or
(b) The instructor's name changes or is incorrect.
(4) At the time employment with the school ends, the instructor's original Instructor Certificate and Instructor card must be surrendered to the school. Within 10 calendar days of surrender, the school must return the original Instructor Certificate and Instructor card to DMV.
(5) DMV will issue a replacement Instructor Certificate if the Instructor Certificate or Instructor's card has been lost, mutilated or destroyed.
(6) To apply for replacement or correction of an Instructor Certificate or Instructor's card, the instructor must:
(a) Submit a written request to DMV; and
(b) Clearly explain the reason for the request.
Stat. Auth.: ORS 802.010, 822.515 & 822.530

Stats. Implemented: ORS 822.530

Hist.: MV. 43, f. & ef. 12-8-69; MV 7-1981, f. & ef. 7-1-8; Administrative Renumbering 3-1988, Renumbered from 735-052-0110; MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05
735-160-0115
Commercial Driver Training School and Instructor Sanctions
(1) DMV will impose sanctions when it
determines a School or an Instructor has violated provisions of the Oregon Vehicle
Code, or administrative rules promulgated by DMV relating to:
(a) Operating a Commercial
Driver Training School; or
(b) Acting as a Commercial
Driver Training School Instructor.
(2) DMV will impose a sanction
appropriate for the particular violation. In determining an appropriate sanction,
DMV may use the matrix outlined in OAR 735-160-0125 as a guideline and may consider
the following criteria:
(a) The severity of the violation
or its impact on the safety of the public;
(b) The number of similar
or related violations;
(c) Whether the violations
were willful or intentional; and
(d) The history of prior
sanctions imposed by DMV.
(3) DMV will impose sanctions
when it determines violations have occurred or are occurring. These may include
one or more of the following:
(a) A written warning, including
correction notices;
(b) Suspension of the School
Certificate and suspension of the right to apply for or renew a School Certificate
for up to one year;
(c) Suspension of the Instructor
Certificate and suspension of the right to apply for or renew an Instructor Certificate
for up to one year;
(d) Revocation of the School
Certificate and revocation of the right to apply for or renew a School Certificate
for up to five years;
(e) Revocation of the Instructor
Certificate and revocation of the right to apply for or renew an Instructor Certificate
for up to five years.
(4) DMV may cancel, suspend
or revoke a School Certificate or an Instructor Certificate if the School, the Operator
or the Instructor fails to maintain the eligibility requirements under ORS 822.500
to 822.535 and these OAR division 160 rules.
(5) An Operator or Instructor
whose certificate has been suspended, revoked, or cancelled is entitled to a contested
case hearing as provided in the Oregon Administrative Procedures Act under ORS 183.413
to 183.500.
(6) When DMV takes action
to suspend, revoke or cancel a School Certificate DMV will send notice to the Operator
listed on the School Certificate. The notice will be in writing and state that the
suspension, revocation, or cancellation will begin either in five calendar days
(an immediate suspension or cancellation) or in 30 calendar days from the date on
the notice. The notice will be served by first class mail sent to the School’s
most current address on record with DMV.
(7) When DMV takes action
to suspend, revoke or cancel an Instructor Certificate DMV will send notice to the
Instructor listed on the Instructor Certificate. The notice will be in writing and
state that the suspension, revocation, or cancellation will begin either in five
calendar days (for an immediate suspension or cancellation) or in 30 calendar days
from the date on the notice. The notice will be served by first class mail sent
to the School listed as the Instructor’s current employer. DMV will use the
School’s most current address on record with DMV.
(8) Except as provided for
in section (9) of this rule, a request for a hearing must be submitted in writing
to, and received by, DMV within 20 days of the date of the notice. If a hearing
request is received in a timely manner the suspension, revocation or cancellation
will not go into effect pending the outcome of the hearing, unless the School Certificate
is immediately suspended or cancelled.
(9) If the School Certificate
is immediately suspended or cancelled as set forth in OAR 735-160-0125, the request
for hearing must be submitted in writing to, and received by, DMV within 90 days
of the date of the notice of suspension. The suspension or cancellation will remain
in effect pending the outcome of the hearing.
(10) Except as provided in
OAR 137-003-0528, when no request for a hearing is received by the deadline, the
Operator or Instructor has waived the right to a hearing, DMV’s file constitutes
the record of the case, and a default order will be issued by DMV.
(11) If a School Certificate
or Instructor Certificate is revoked, the Operator or Instructor may reapply for
an original certificate after a period of revocation of five years and must meet
all the qualifications and requirements for the certificate.
(12) If the School Certificate
or Instructor Certificate is cancelled, the Operator or Instructor may reapply for
an original certificate when they have met all of the requirements for a certificate
and fees are paid in accordance with ORS 822.700.
(13) At the end of a suspension
period, DMV will reinstate the School Certificate or Instructor Certificate unless
the certificate has expired, or the Operator or Instructor does not comply with
the reinstatement requirements or meet the qualification requirements for the certificate.
If the certificate is suspended and has been expired for more than one year, the
Operator or Instructor must reapply for an original certificate, comply with the
reinstatement requirements, meet all the qualifications and requirements for a new
School Certificate or Instructor Certificate, and pay fees in accordance with ORS
822.700.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
822.515 & 822.530
Stat. Implemented: ORS 822.515
Hist.: DMV 15-2005, f. &
cert. ef. 5-19-05; DMV 14-2007, f. & cert. ef. 12-24-07; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0125
Sanctions
DMV adopts the following matrix of sanctions
for School Operator and Instructor violations. As used in this rule, an offense
will be considered a second or subsequent offense if it occurred within three years
from the date the Operator or Instructor was notified in writing of the occurrence
of the same or a substantially similar offense in this or another jurisdiction.
DMV will not sanction as a second or third/subsequent offense if more than three
years have passed from the date of the previous violation for the same or similar
offense. [Table not included. See ED. NOTE.]
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 184.616,
814.619, 802.010, 822.515 & 822.530
Stats. Implemented: ORS 822.515
- 822.530
Hist.: DMV 15-2005, f. &
cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. &
cert.ef. 9-24-13
735-160-0130
Code of Ethics and Rules of Conduct
(1) Each Operator and each Instructor
accepts the responsibilities and requirements of the driver training profession.
Each Operator and Instructor must adhere to the highest ethical standards of professional
conduct.
(2) To fulfill their obligations
to the public and to DMV, the Operator and Instructor must:
(a) Recognize that the instruction
and training of student drivers is a position of trust;
(b) Exhibit competence and
wisdom in conducting professional responsibilities;
(c) Uphold and obey the law,
including but not limited to the provisions of the Oregon Vehicle Code; and
(d) Maintain and uphold the
highest educational standards possible for instructing and training student drivers.
(3) Rules of Conduct. An
Operator and Instructor will not engage in or knowingly allow any owner, officer,
agent, director, manager, or employee of a School to engage in any of the following:
(a) Assist or knowingly allow
a student driver to fraudulently obtain driving privileges for which the student
driver is ineligible or has not qualified;
(b) Discriminate against
a student driver because of race, religion, national origin, disability, age, sex,
or sexual orientation;
(c) Have sexual contact with,
or request sexual contact from, a student driver. For purposes of this section,
“sexual contact” means:
(A) Sexual intercourse; or
(B) Any touching of the sexual
or other intimate parts of a person for the purpose of arousing or gratifying the
sexual desire of either party;
(d) Make sexual advances
either verbally or physically or request sexual contact from any student driver,
whether directly, indirectly or by innuendo;
(e) Use physical force or
a threat of physical force against a student driver, unless such force or threat
is necessary to avoid immediate danger to the safety of the student driver, the
Operator or Instructor, employees of the School, passengers in a vehicle being used
for behind-the-wheel instruction, or the general public;
(f) Possess or use any unlawful
controlled substance or intoxicating beverage, or be under the influence of any
intoxicating beverages, drugs or controlled substances while training or instruction
is being provided to student drivers;
(g) Falsify any document
or make a misrepresentation on the application for a School or Instructor Certificate;
(h) Refer any student driver
to a particular DMV-certified third-party tester or examiner for DMV testing purposes;
or
(i) If also certified as
a DMV third party tester or examiner, test an applicant for driving privileges if
the applicant was enrolled as a student driver at the School, unless otherwise authorized.
Stat. Auth.: ORS 184.616, 184.619, 802.010,
822.515 & 822.530
Stats. Implemented: ORS 822.530
Hist.: MV 2-1993, f. &
cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; DMV 15-2013, f. &
cert.ef. 9-24-13

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