justicedao/ipfs_state_laws huggingface dataset:
735-160-0020 Location and Promotion (1) A school may not be operated from a liquor store, bar, tent, temporary stand, temporary address, mailing service, or through a telephone answering service. (2) A 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. (3) A commercial driver training school with more than one business location must notify DMV by regular mail or email of any additional business locations prior to conducting business from that business location. (4) If the primary or sole business location changes, DMV must issue a new school certificate before business may be conducted at the new location. For a business that operates in multiple locations, the school must notify DMV of any change in location prior to conducting business from that location. (5) If the name of the school changes, the school must obtain a new school certificate. (6) The following promotion practices must be followed: (a) A school, operator, employee or instructor may not falsely guarantee DMV will issue driving privileges upon an applicant’s enrollment in the school. (b) A school, operator, employee or instructor may not solicit business or cause business to be solicited on its behalf on a premises owned or leased by the DMV without prior written authorization from DMV. (c) DMV certification of a school is not an endorsement or recommendation by DMV of the school or its services. A school may not express or imply in any promotional material that the school is endorsed or recommended by the State of Oregon or any agency of the State. A school may indicate in its promotional material that, “This school is certified by the State of Oregon.” (d) A school may list only the DMV-approved business locations as the address for the business in any school advertisement or business solicitation. (e) A school, an employee of the school or any other person affiliated with the school may not disseminate false, deceptive or misleading information about the school, or authorize others to do the same, in any advertisement, publication, or business solicitation. (f) A school may list only the school name as it appears on the current school certificate in any publication, form, advertisement, business solicitation, or sign. (g) A school advertisement, publication, employee, or other person affiliated with the school may not knowingly encourage any person who is not domiciled in or a resident of Oregon to apply for Oregon driving privileges. Statutory/Other Authority: ORS 184.619, 802.010 & 822.515 Statutes/Other Implemented: ORS 822.515 History: DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2013, f. & cert.ef. 9-24-13 DMV 15-2005, f. & cert. ef. 5-19-05 Renumbered from 735-051-0015, MV 2-1993, f. & cert. ef. 2-16-93 MV 6-1981, f. & ef. 7-1-81 MV 43, f. & ef. 12-8-69
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 student drivers who withdrew or were terminated from the school. (2) A student driver record must contain, at a minimum, 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; and (e) All written contracts or agreements, signed by the student driver. (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, copy of completed criminal background information, 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) 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 five years at the primary business location. DMV, in its sole discretion, may authorize an operator to maintain the school records at another location within the State of Oregon. (5) Instructor records must be maintained permanently for current employees. After employee separation, instructor records must be kept for an additional five years after the separation date. (6) All records must be made available to DMV immediately upon request. Statutory/Other Authority: ORS 184.619, 802.010 & 822.515 Statutes/Other Implemented: ORS 822.515 History: DMV 4-2024, minor correction filed 04/23/2024, effective 04/23/2024 DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2005, f. & cert. ef. 5-19-05 Renumbered from 735-051-0020, MV 2-1993, f. & cert. ef. 2-16-93 MV 6-1981, f. & ef. 7-1-81 MV 43, f. & ef. 12-8-69
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 during DMV’s normal business hours, Monday through Friday, 8 am to 5pm. 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 735-160-0115. (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 provide a copy of the response to DMV by regular mail or email 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. Statutory/Other Authority: ORS 184.619, 802.010 & 822.515 Statutes/Other Implemented: ORS 822.515 History: DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2013, f. & cert.ef. 9-24-13 DMV 15-2005, f. & cert. ef. 5-19-05 MV 2-1993, f. & cert. ef. 2-16-93
735-160-0040 Vehicle Equipment Any motor vehicles owned or leased by a school for behind-the-wheel instruction must: (1) Be equipped with: (a) A foot brake control; and (b) A clutch control if the vehicle is equipped with a manual transmission. (2) Be maintained in safe mechanical and physical condition; (3) Meet the safety equipment standards of the Oregon Vehicle Code, as provided in ORS Chapter 815; (4) 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; (5) Have all equipment functioning properly; (6) Be properly registered in compliance with the laws of Oregon; (7) Be covered by at least the minimum insurance requirements required under OAR 735-160-0011; and (8) Be equipped with the following emergency equipment: (a) Fire extinguisher; (b) First aid kit; and (c) Three flares or three red emergency triangles. Statutory/Other Authority: ORS 184.619, 802.010 & 822.515 Statutes/Other Implemented: ORS 822.515 History: DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2005, f. & cert. ef. 5-19-05 Renumbered from 735-051-0025, MV 2-1993, f. & cert. ef. 2-16-93 MV 6-1981, f. & ef. 7-1-81 MV 43, f. & ef. 12-8-69
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. Schools must use ODOT or DMV-approved curriculum resources to administer their programs. If a school wishes to use alternative curriculum resources, those resources and any future updates to those resources must be approved in writing by DMV prior to use. (2) Classroom training must 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 must 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 instructor must ensure the following safety requirements are 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. Statutory/Other Authority: ORS 184.619, 802.010 & 822.515 Statutes/Other Implemented: ORS 822.515 History: DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2005, f. & cert. ef. 5-19-05 Renumbered from 735-051-0030, MV 2-1993, f. & cert. ef. 2-16-93 MV 43, f. & ef. 12-8-69
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) Notify DMV by email within 24 hours or send notification by regular mail within 24 hours (calculated by postmark date), 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); (g) If requested, respond to DMV in writing by email or regular 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 their instructor certificate; (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 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 classroom or behind-the-wheel training without a valid driver license issued in Oregon, or another jurisdiction within the United States. Statutory/Other Authority: ORS 184.619, 802.010 & 822.515 Statutes/Other Implemented: ORS 822.515 History: DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 38-2019, amend filed 12/17/2019, effective 01/01/2020 DMV 15-2013, f. & cert.ef. 9-24-13 DMV 15-2005, f. & cert. ef. 5-19-05 MV 2-1993, f. & cert. ef. 2-16-93
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 to 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. Statutory/Other Authority: ORS 184.619, 802.010 & 822.515 Statutes/Other Implemented: ORS 822.515 History: DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2005, f. & cert. ef. 5-19-05 MV 2-1993, f. & cert. ef. 2-16-93, Renumbered from 735-052-0110 MV 7-1981, f. & cert. ef. 7-1-81 MV. 43, f. & cert. ef. 12-8-69
735-160-0130 Code of Ethics and Rules of Conduct (1) Schools, operators, and instructors must be professional and respectful in all dealings with students and others while ensuring the safety of Oregon’s roads. (2) Rules of Conduct. An operator and instructor may 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 obtain driving privileges fraudulently for which the student driver is ineligible or has not qualified; (b) Discriminate against a student driver or a potential student driver for a reason proscribed by ORS 659A.403 or by Title VI of the Civil Rights Act of 1964; (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 of force is necessary to avoid immediate danger to the safety of the student driver, the operator or instructor, employ ees of the school, passengers in a vehicle being used for behind-the-wheel instruction, or the general public; (f) Possess or use any unlawful intoxicant, as defined in Oregon Laws 2023, Chapter 498 while training or instruction is being provided to student drivers ; (g) Be under the influence of any intoxicant, as defined in Oregon Laws 2023, Chapter 498, while training or instruction is being provided to Students; (h) Falsify any document or make a misrepresentation on the application for a school or instructor certificate; (i) If also certified as an examiner, as defined in OAR 735-061-0410, test an applicant for driving privileges if the instructor trained the applicant, unless otherwise authorized by DMV. Statutory/Other Authority: ORS 184.619, 802.010 & 822.515 Statutes/Other Implemented: ORS 822.515 History: DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023 DMV 15-2013, f. & cert.ef. 9-24-13 DMV 15-2005, f. & cert. ef. 5-19-05 MV 2-1993, f. & cert. ef. 2-16-93
735-160-0140 Customer Feedback Process (1) At the conclusion of the training process, an operator must ensure that each student is given a Commercial Driver Training School Feedback form (DMV form 735-7419). (2) The commercial driver training school form is designed to give the student necessary information to provide DMV with feedback regarding the experience of training with a school. The form provides contact information for the Commercial Driver Training School Program at DMV, including a mailing address, and methods to submit the form to DMV electronically. (3) DMV may contact an applicant to obtain additional information or investigate a complaint raised by a student. (4) If DMV requires a school or instructor to respond to a particular student’s complaint, the school or instructor must respond and provide a copy of the response in writing to DMV within 10 calendar days. (5) DMV may compile data from the Commercial Driver Training School Feedback forms to evaluate the effectiveness of the Commercial Driver Training School program. Statutory/Other Authority: ORS 184.619, 802.010 & 822.515 Statutes/Other Implemented: ORS 822.515 History: DMV 23-2023, adopt filed 11/14/2023, effective 11/14/2023
735-162-0000 Qualifications Any person who does not have an operator’s license issued under ORS Chapter 807 may be issued a certificate to operate a snowmobile if they have taken a Snowmobile Safety Education Course that has been approved by the Driver and Motor Vehicle Services Division of the Department of Transportation. Statutory/Other Authority: ORS 802.010, 821.150, 821.160 & 821.190 Statutes/Other Implemented: ORS 821.160 History: MV 8-1981, f. & ef. 7-1-81, Renumbered from 735-061-0010 MV 46, f. 9-10-71, ef. 10-1-71 Repealed by DMV 1-2004, f. & cert. ef. 1-15-04 DMV 3-1999, f. & cert. ef. 9-3-99
735-162-0010 Certification Application Each applicant for a certificate to operate a snowmobile who has completed the Snowmobile Safety Education Course must make application on a form provided by the Driver and Motor Vehicle Services Division of the Department of Transportation. Statutory/Other Authority: ORS 802.010, 821.150, 821.160 & 821.190 Statutes/Other Implemented: ORS 821.160 History: MV 8-1981, f. & ef. 7-1-81, Renumbered from 735-061-0015 MV 46, f. 9-10-71, ef. 10-1-71
735-162-0020 Course Content (1) The Snowmobile Safety Education Course shall consist of safety education including, but not limited to, snowmobile controls and safety equipment, proper clothing, safe operating procedures, snowmobile laws, and general information. (2) Prior to issuance of an operator’s certificate, the applicant must: (a) Complete the Snowmobile Safety Education Course; and (b) Receive a qualifying score of 70 percent or above. Statutory/Other Authority: ORS 802.010, 821.150, 821.160 & 821.190 Statutes/Other Implemented: ORS 821.160 History: MV 8-1981, f. & ef. 7-1-81, Renumbered from 735-061-0020 MV 46, f. 9-10-71, ef. 10-1-71 Repealed by DMV 1-2004, f. & cert. ef. 1-15-04 DMV 3-1999, f. & cert. ef. 9-3-99
735-162-0030 Certification The instructor shall forward to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) the enrollment forms provided by DMV, listing each person who received and successfully completed the Safety Education Course. A certification card will be issued by DMV to each person listed on the enrollment forms. If a certification card is lost, stolen, mutilated, or destroyed, a duplicate certification card may be obtained upon application to DMV by the person to whom the certification card was issued. Statutory/Other Authority: ORS 802.010, 821.150, 821.160 & 821.190 Statutes/Other Implemented: ORS 821.160 History: MV 8-1983, f. 10-5-83, ef. 10-15-83, Renumbered from 735-061-0025 MV 8-1981, f. & ef. 7-1-81 MV 46, f. 9-10-71, ef. 10-1-71
735-162-0040 License Application Each applicant for certification as an instructor of the Snowmobile Safety Education Course shall make application on a form provided by the Driver and Motor Vehicle Services Division of the Department of Transportation. Statutory/Other Authority: ORS 802.010, 821.150, 821.160 & 821.190 Statutes/Other Implemented: ORS 821.160 History: MV 8-1981, f. & ef. 7-1-81, Renumbered from 735-061-0035 MV 46, f. 9-10-71, ef. 10-1-71
735-162-0050 Requirements To be certified as a Snowmobile Safety Education Course instructor, the applicant must: (1) Be at least 21 years of age; (2) Have a high school education or the equivalent; (3) Have been recommended by a local snowmobile club or knowledgeable person from the snowmobile industry or the snowmobile association; (4) Have a valid Oregon driver’s license; and (5) Have not been convicted of a felony or misdemeanor involving fraud, dishonesty, or moral turpitude as defined under Oregon Statutes during the three years prior to the date of application. Statutory/Other Authority: ORS 802.010, 821.150, 821.160 & 821.190 Statutes/Other Implemented: ORS 821.160 History: MV 8-1981, f. & ef. 7-1-81, Renumbered from 735-061-0040 MV 46, f. 9-10-71, ef. 10-1-71 Repealed by DMV 1-2004, f. & cert. ef. 1-15-04 DMV 3-1999, f. & cert. ef. 9-3-99