justicedao/ipfs_state_laws huggingface dataset:
735-050-0120 Proof of Compliance With Financial Responsibility Requirements For purposes of ORS 806.011 and 806.012, any of the following constitutes proof of compliance with financial or future responsibility requirements that must be carried in the motor vehicle covered by such proof: (1) A current motor vehicle insurance card issued by the insurer either as a paper card or electronically for display on a personal electronic device. (2) An unexpired motor vehicle liability insurance policy for the particular vehicle that meets the standards set forth in ORS 806.080; (3) An unexpired motor vehicle liability insurance binder issued by the insurance carrier or its authorized insurance producer (agent) for the particular vehicle that meets the standards set forth in ORS 806.080; (4) A letter signed by a representative from an insurance carrier or its authorized agent, on the insurance carrier’s or agent’s letterhead, that verifies current insurance coverage; (5) A certificate of self insurance issued by the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) under ORS 806.130 naming the owner of the particular vehicle; or (6) A displayed Oregon dealer plate unless the vehicle dealer is exempt from the requirement to file a certificate of insurance under ORS 822.033. If the vehicle dealer is exempt from the insurance requirements under 822.033, one of the proofs of compliance with financial responsibility requirements described in sections (1) to (5) of this rule must be carried in the vehicle displaying the Oregon dealer plate. Statutory/Other Authority: ORS 184.616, 184.619, 806.011, 806.012 & 2013 OL Ch 108 Statutes/Other Implemented: ORS 806.011, 806.012 & 2013 OL Ch 108 History: DMV 17-2013, f. & cert. ef. 11-25-13 DMV 9-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13 DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10 DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04 DMV 14-2003, f. 10-24-03, cert. ef. 1-1-04 DMV 22-2002, f. 11-18-02, cert. ef. 1-1-03 DMV 3-1994, f. & cert. ef. 7-21-94
735-060-0001 Purpose The DMV Commercial Driver Licensing Third Party Testing Program allows a person who is not an employee of DMV (a third party) to administer a CDL skills tests to a CDL applicant to determine whether the CDL applicant is competent to obtain commercial driving privileges. This program and acceptance of CDL applicant test scores are authorized under ORS 807.080 and 807.072(3). Other than as provided in OAR 735-063-0270, only a person who has a valid CDL Third Party Examiner Certificate issued by DMV and who is administering the CDL skills test for a certified CDL Third Party Tester is authorized under this program to administer CDL tests. The purpose of these Chapter 735, Division 60 rules is to describe the CDL Third Party Testing Program, including how a person qualifies for a CDL Third Party Tester Certificate, duties of a Tester, how an individual qualifies for a CDL Third Party Examiner Certificate, duties of an Examiner and other details of the CDL Third-Party Testing Program. Statutory/Other Authority: ORS 184.619, ORS 802.010, 807.072, 807.080 & 49 CFR 383.75 Statutes/Other Implemented: ORS 807.040, 807.070, 807.072, 807.080 & 49 CFR 383.75 History: DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019 DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
735-060-0050 Issuance of CDL Third Party Tester Certificate (1) To obtain a CDL Third Party Tester Certificate, a prospective Tester must: (a) Meet all the qualifications set forth in OAR 735-060-0030; (b) Have in place a fully executed personal services contract, interagency agreement, or intergovernmental agreement with DMV for CDL skills testing; (c) Submit the following to DMV, CDL Third Party Testing, 1905 Lana Avenue NE, Salem, Oregon 97314: (A) One or more proposed test sites where the pre-trip vehicle inspection and basic control skills portions of the CDL skills test will be administered; (B) For each proposed test site at least one proposed on-road drive test route; (C) For each CDL Examiner who will administer CDL skills tests for the Tester, copies of the proposed Examiner’s driver license, results of the Examiner’s criminal background check, proof of completion of CSTIMS privacy training, and verification of the successful completion of a DMV-approved CDL Skills Test Examiner training program; (D) Proof of comprehensive commercial liability insurance and proof of comprehensive auto liability insurance, if applicable, that meets the requirements specified in the CDL Third Party Tester contract or agreement. A self-insured public agency covered by the Oregon Tort Claims Act must submit a statement of self-insurance; (E) Proof of surety bond as required by OAR 735-060-0030(1)(i), unless the Tester is a public agency; and (F) Authorization for: (i) Verification of tax compliance; (ii) Verification of the liability insurance described in OAR 735-060-0030(1)(h); and (iii) Verification of the surety bond described in OAR 735-060-0030(1)(i). (2) A CDL Third Party Tester Certificate is valid for five years, unless cancelled, suspended, revoked or the Tester’s CDL Third Party Tester Agreement is terminated. The certificate will expire five years from the end of the month it is issued or renewed. For example, a certificate issued or renewed on April 2, 2019 will expire on April 30, 2024. (3) A CDL Third Party Tester Certificate may be replaced if the original certificate is lost, mutilated or destroyed. To apply for a replacement certificate, a written request that describes the reason for the replacement must be submitted to DMV CDL Third Party Testing, 1905 Lana Avenue NE, Salem, Oregon 97314. Statutory/Other Authority: ORS 184.619, 802.010 & 807.080 Statutes/Other Implemented: ORS 807.040 & 807.070 History: DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019 DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10 DMV 31-2005, f. & cert. ef. 12-14-05 DMV 16-2003, f. & cert. ef. 11-18-03 DMV 1-1998, f. & cert. ef. 1-26-98 MV 6-1990, f. & cert. ef. 4-2-90 MV 24-1989, f. & cert. ef. 10-3-89 MV 24-1988, f. & cert. ef. 7-1-88 MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0640
735-060-0051 Refusal to Issue a CDL Third Party Tester Certificate (1) DMV may not issue a CDL Third Party Tester Certificate to any person when: (a) DMV determines the prospective Tester has provided false information to DMV in the pursuit of a skills testing contract or agreement, in any other report, or in any DMV driver licensing or vehicle titling or registration transaction; (b) DMV determines that the person fails to meet any qualification for certification required by these rules; or (c) DMV determines that issuance of the certificate to a specific person may compromise the integrity of the CDL Third Party Testing Program, as described in OAR 735-060-0145. (2) DMV may not issue a CDL Third Party Tester Certificate if any required information or documentation is missing or incomplete. (3) If DMV refuses to issue a CDL Third Party Tester Certificate, the person is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act, ORS 183.413 to 183.500. (4) A person must submit a request for a hearing in writing within 60 days of the date of the refusal. A hearing request received in a timely manner will not result in issuance of a CDL Third Party Tester Certificate pending the outcome of the hearing. Statutory/Other Authority: ORS 184.619, 802.010 & 807.080 Statutes/Other Implemented: ORS 807.040 & 807.070 History: DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019 DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
735-060-0095 CDL Third Party Examiner Training (1) An individual wishing to obtain a CDL Third Party Examiner Certificate must successfully complete the CDL Third Party Examiner initial training course as required by DMV as part of the approval process. This initial training course includes the CSTIMS Privacy Awareness Training. (2) Each Examiner must successfully complete a refresher training course and examination at least every four years. DMV may require an Examiner to successfully complete the refresher training course and examination more frequently than every four years. Statutory/Other Authority: ORS 184.619, 802.010 & 807.080 Statutes/Other Implemented: ORS 807.040 & 807.070 History: DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019 DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10 DMV 16-2003, f. & cert. ef. 11-18-03 DMV 1-1998, f. & cert. ef. 1-26-98 MV 6-1990, f. & cert. ef. 4-2-90
735-060-0100 Issuance of a CDL Third Party Examiner Certificate (1) To obtain a CDL Third Party Examiner Certificate a prospective Examiner must: (a) Meet all the qualifications set forth in OAR 735-060-0090; (b) Submit to and successfully pass a nationwide criminal background check as described in the Third Party Tester contract or agreement. (c) Provide DMV with verification of employment by a Third Party Testing entity under contract or agreement with DMV, a copy of the prospective Examiner’s driver license, results of the prospective Examiner’s criminal background check, and verification of the successful completion of a DMV-approved CDL Skills Test Examiner training program. (2) Upon providing all required information and successfully meeting all qualifications, DMV will issue a CDL Third Party Examiner Certificate to an Examiner that includes the name of the Tester for which the Examiner will administer CDL skills tests. (3) Unless cancelled, suspended or revoked, a CDL Third Party Examiner Certificate is valid as long as the Examiner is administering tests for a Third Party Tester that has a valid and unexpired contract or agreement with DMV and has a valid and unexpired Third Party Tester certificate from DMV. (4) The Examiner must immediately return the CDL Third Party Examiner Certificate, score sheets, blank receipts, and Oregon CDL Examiner’s Manual to DMV or the Tester when the Examiner is no longer associated with the Tester named on the CDL Third Party Examiner Certificate. (5) DMV will cancel a CDL Third Party Examiner Certificate upon request of the Tester for whom the Examiner administers tests. (6) DMV will issue a replacement CDL Third Party Examiner Certificate if the Examiner certifies that the original certificate has been lost, mutilated or destroyed. To apply for a replacement CDL Third Party Examiner Certificate, the Examiner must submit a written request indicating the reason for the replacement via email, or in writing to: DMV, Third Party Programs, 1905 Lana Avenue NE, Salem, OR 97314. (7) DMV will issue an additional CDL Third Party Examiner Certificate when an Examiner is administering tests for more than one CDL Third Party Tester. DMV will issue a new CDL Third Party Examiner Certificate when an Examiner stops administering tests for one Tester and begins administering tests for a different Tester. To obtain an additional or new certificate, the Examiner must meet all the qualifications set forth in OAR 735-060-0090 and provide any required documentation to verify qualification as requested by DMV. Statutory/Other Authority: ORS 184.619, 802.010 & 807.080 Statutes/Other Implemented: ORS 807.040 & 807.070 History: DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019 DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10 DMV 16-2003, f. & cert. ef. 11-18-03 DMV 1-1998, f. & cert. ef. 1-26-98 MV 6-1990, f. & cert. ef. 4-2-90 MV 24-1989, f. & cert. ef. 10-3-89 MV 24-1988, f. & cert. ef. 7-1-88 MV 18-1986, f. & cert. ef. 10-16-86, Renumbered from 735-031-0680 MV 11-1986, f. 6-27-86, ef. 7-1-86
735-060-0101 Refusal to Issue a CDL Third Party Examiner Certificate (1) DMV may not issue a CDL Third Party Examiner Certificate to any individual when DMV determines that: (a) The Examiner, or the Tester employing the Examiner, has provided any false information to DMV regarding the Examiner; (b) The person fails to meet any qualification for certification required by these rules; or (c) Issuance of the certification to a specific person may compromise the integrity of the CDL Third Party Testing Program. (2) DMV will not issue a CDL Third Party Examiner Certificate if any required information or documentation is missing or incomplete. (3) If DMV refuses to issue a CDL Third Party Examiner Certificate, the person is entitled to a contested case hearing as provided in the Oregon Administrative Procedures Act, ORS 183.413 to 183.500. (4) A person must submit a request for a hearing in writing within 60 days of the date of the refusal. A hearing request received in a timely manner will not result in issuance of a CDL Third Party Examiner Certificate, pending the outcome of the hearing. Statutory/Other Authority: ORS 184.619, 802.010 & 807.080 Statutes/Other Implemented: ORS 807.040 & 807.070 History: DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019 DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16
735-060-0115 Code of Ethics and Rules of Conduct (1) A CDL Third Party Tester, CDL Third Party Tester Representative and CDL Third Party Examiner must adhere to the highest standards of professional conduct. The standards of professional conduct for a Tester, Representative and Examiner must be consistent with the standards of professional conduct expected of a person employed by DMV who administers CDL skills tests. Therefore, DMV requires Testers, Representatives and Examiners to be professional and respectful in all dealings with CDL applicants and others while ensuring the safety of Oregon roads. (2) A Tester, Representative or Examiner will not engage in or allow any owner, agent, manager or employee to engage in any of the following: (a) Assisting or allowing a CDL applicant to fraudulently: (A) Receive a passing score for a CDL skills test when the CDL applicant failed the test, did not take the test, did not take the complete test, or took a test that was not administered as required by OAR 735-060-0120; or (B) Obtain driving privileges for which the CDL applicant is ineligible or has not qualified. (b) Discrimination against any CDL applicant on the basis of race, religion, national origin, disability, age, sex or sexual orientation. (c) Accepting or requiring anything of value, other than the posted fee, from a CDL applicant. (d) Offering a bribe to or colluding with a DMV employee when it is evident from the circumstances that the attempt is for the purpose of influencing the results of a DMV inspection or evaluation. (e) Having sexual relations with or requesting sexual relations from a CDL applicant. For purposes of this section, “sexual relations” 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. (f) Using physical force or a threat of physical force against a CDL applicant, unless such force or threat is necessary to avoid immediate danger to the safety of the CDL applicant, the Examiner, a DMV employee, employees of the CDL Third Party Tester or other individuals. (g) Possessing any unlawful controlled substance, inhalant, intoxicating beverage or being visibly intoxicated while administering a CDL skills test. (h) Falsifying any document or making a misrepresentation on a CDL Third Party Examiner or CDL Third Party Tester application or in any document that relates to any testing activity. Statutory/Other Authority: ORS 184.619, 802.010 & 807.080 Statutes/Other Implemented: ORS 807.080 History: DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019 DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10 DMV 16-2003, f. & cert. ef. 11-18-03
735-060-0130 Recording of Test Scores in CSTIMS (1) When a CDL Third Party Examiner, CDL Third Party Tester, CDL Third Party Tester Representative, or other employee of a Tester enters scores into CSTIMS that show the CDL applicant passed the CDL skills test, DMV will accept that action as certification by the Tester that the CDL applicant is competent to drive the class of commercial motor vehicle used in the test. (2) Passing test scores will be accepted by DMV only when entered on CSTIMS for a CDL applicant who: (a) Has passed a CDL skills test meeting the standards set forth in OAR 735-060-0120; (b) Has valid driving privileges, including a CLP that was issued at least 14 calendar days prior to the date of the CDL skills test, and has passed the necessary CDL knowledge tests and vision screening. A hardship or probationary permit does not constitute valid driving privileges; and (c) Is applying for a Class A, B, or C CDL, an endorsement on a CDL, or removal of a restriction on a CDL, within six months of passing the required skills test(s). Statutory/Other Authority: ORS 184.619, 802.010 & 807.080 Statutes/Other Implemented: ORS 807.040 & 807.070 History: DMV 23-2019, amend filed 12/17/2019, effective 12/17/2019 DMV 13-2019, temporary amend filed 05/20/2019, effective 05/20/2019 through 11/15/2019 DMV 5-2016, f. 9-22-16, cert. ef. 9-26-16 DMV 16-2010, f. 9-27-10, cert. ef. 9-30-10 DMV 11-2009, f. 6-25-09, cert. ef. 7-1-09 DMV 31-2005, f. & cert. ef. 12-14-05 DMV 16-2003, f. & cert. ef. 11-18-03 DMV 1-1998, f. & cert. ef. 1-26-98 MV 6-1990, f. & cert. ef. 4-2-90 MV 11-1986, f. 6-27-86, ef. 7-1-86, Renumbered from 735-031-0720
735-061-0400 Purpose (1) The purpose of these rules, OAR 735-061-0400 through 735-061-0470, is to establish criteria for an on-going program by which a third party testing business is authorized to give a Class C non-commercial drive test on behalf of DMV and to describe when such a service may be used by an applicant for an Oregon driver license. (2) The rules are adopted under the authority of ORS 802.600 allowing the department to enter into an agreement with a person who is not an employee of the department to transact a function on behalf of the department and to adopt rules to carry out the provisions of ORS 802.600. (3) Entities that qualify to be a Class C third party testing business will be selected through a competitive procurement process before entering into an agreement with DMV to be authorized to administer drive tests. DMV may enter into agreements with governmental entities to participate in the program as third party testing businesses under ORS chapter 190. Statutory/Other Authority: ORS 184.619, 802.010 & 802.600 Statutes/Other Implemented: ORS 802.600 History: DMV 38-2018, amend filed 09/21/2018, effective 09/21/2018 DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017
735-061-0410 Definitions The following definitions apply to terms in OAR 735-061-0400 through 735-061-0470: (1) “Applicant” means a person who during the process to obtain a Class C non-commercial driver license utilizes the services of a third party testing business. (2) “Class C” or “Class C non-commercial” means, for purposes of these rules, the driving privileges described in ORS 807.031(4). (3) “Class C third party testing business” or “testing business” means a private provider that has entered into an agreement, under ORS 802.600, with DMV to administer Class C drive tests. (4) “DMV” means the Driver and Motor Vehicle Services Division of the Oregon Department of Transportation. (5) “Drive test” means an actual demonstration of the applicant’s ability to operate a motor vehicle without endangering the safety of persons or property. (6) “Examiner” means an individual who is authorized to administer a drive test for an applicant for a Class C non-commercial driver license. (7) “Private provider” means: (a) A Class C Third Party Testing business that is a certified Commercial Driver Training School, has approved provider status with TSO’s Driver Education program, and is compliant with OAR 737-015-0010 to 737-015-0130; or (b) A privately owned and currently contracted CDL Third Party Testing Business that is compliant with OAR 735-060-0001 to 735-060-0145. (8) “Representative” means an individual authorized to complete forms and reports for the testing business to submit to DMV. (9) “TSO” means the Transportation Safety Office of the Oregon Department of Transportation. Statutory/Other Authority: ORS 184.619, 802.010 & 802.600 Statutes/Other Implemented: ORS 802.600, 802.010 & 802.600 History: DMV 7-2024, minor correction filed 05/14/2024, effective 05/14/2024 DMV 36-2023, minor correction filed 11/21/2023, effective 11/21/2023 DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021 DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017
735-061-0440 Administering the Drive Test (1) The purpose of the drive test is for the third party examiner to: (a) Evaluate the applicant’s ability to operate a vehicle in a safe and legal manner under actual driving conditions; (b) Determine if the applicant demonstrates safe and legal driving methods and knowledge of traffic laws; and (c) Evaluate the applicant’s ability to perform required maneuvers according to the examiner training provided by DMV and DMV’s scoring criteria. (2) The drive test administered by a third party examiner must contain the same required and scored maneuvers as the test administered by DMV. (3) The third party examiner must: (a) Administer the test within the State of Oregon; (b) Administer no more than 20 tests in one day; (c) Administer a test on a drive test route that has been approved by DMV; (d) Administer the drive test in accordance with the standards adopted in OAR 735-062-0070 and the examiner training provided by DMV; (e) Use the drive test score sheet (DMV Form 735-7171) provided by DMV; and (f) Not administer the test if the third party examiner knows or should have known the proper wait time between an applicant’s previous test failure and current scheduled drive test has not been met, as set forth in OAR 735-062-0070. (4) Prior to administering a drive test, the third party examiner must view the applicant’s photo identification and obtain a photocopy of the identification. The photo identification must include the applicant’s name. The copy is to be retained in the records maintained by the testing business. Statutory/Other Authority: ORS 184.619, 802.010 & 802.600 Statutes/Other Implemented: ORS 802.600 History: DMV 3-2021, amend filed 01/28/2021, effective 01/28/2021 DMV 30-2020, temporary amend filed 10/23/2020, effective 10/23/2020 through 01/01/2021 DMV 18-2020, temporary amend filed 06/25/2020, effective 07/06/2020 through 01/01/2021 DMV 15-2017, adopt filed 09/26/2017, effective 09/26/2017