reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 48 - FARM VEHICLES › Section 735-048-0070 - Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
Complaints about improper farm or proportional farm
				registration or misuse of vehicles registered may be filed with the Commerce
				and Compliance Division (CCD) Salem Office: 455 Airport Road SE, Building A,
				Salem, OR 97301.
Statutory/Other Authority: ORS
				  184.619,
				  805.200 &
				  805.300 -
				  805.410
Statutes/Other Implemented: ORS
				  805.380 &
				  805.410
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 48 - FARM VEHICLES › Section 735-048-0080 - Cancellation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) CCD may cancel
			 farm registrations or proportional farm registration devices as provided under
			 ORS 805.200,
			 805.380,
			 805.410,
			 809.090 or as otherwise provided
			 by law.
(2) As used in ORS
			 805.380:
(a) "Cancellation" means that the vehicle's
			 farm registration is no longer valid and the vehicle is not eligible for farm
			 registration for one year after the cancellation; and
(b) "One year after cancellation" refers to
			 calendar months, and will begin on the first day of the cancellation and end
			 exactly 12 months later. (Example: If cancellation took effect on June 15,
			 1994, the one year would expire on June 14, 1995.)
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0000 - Determination of Ownership for the Purposes of Financial Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 whose name appears as an owner on the vehicle registration will be considered
			 an owner for the requirements of the financial responsibility laws (financial
			 responsibility), ORS Chapter 806, unless exempted under sections (3) through
			 (5) of this rule. Unless otherwise provided, any person seeking an exemption
			 under this rule must furnish the Driver and Motor Vehicle Services Division of
			 the Department of Transportation (DMV) with:
(a) A signed affidavit setting forth the
			 reasons the person should not be considered an owner for purposes of financial
			 responsibility; and
(b) An
			 affidavit signed by the person who has the primary ownership interest in the
			 vehicle explaining why he or she should be considered the owner for purposes of
			 financial responsibility. This affidavit may be waived if DMV determines it is
			 unfeasible to obtain the affidavit.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0010 - Proof that an Accident is Not Reportable

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 811.720 establishes when an
			 accident must be reported to the Driver and Motor Vehicle Services Division of
			 the Department of Transportation (DMV). If one person reports an accident and
			 provides information that another party must report the accident, the second
			 party may dispute the circumstances of the accident and the requirement to
			 report to DMV. DMV must suspend driving privileges if a party involved in an
			 accident fails to file an accident report when required.
(2) If DMV issues a suspension notice
			 resulting from information that a party involved in an accident has failed to
			 file an accident report as required, the party may provide proof to the DMV
			 Accident Reporting Unit that the accident is not reportable. Proof of vehicle
			 damage or injury must apply only to the party's vehicle or its occupants.
			 Acceptable proof includes, but is not limited to, the following:
(a) A repair bill or estimate from an
			 automotive repair business or statement from an insurance company responsible
			 for paying the damage claim, showing damage to the party's vehicle is less than
			 $2500;
(b) A repair bill or
			 estimate, statement from an insurance company responsible for paying the damage
			 claim or a statement from the owner of the property, showing damage to property
			 other than a vehicle involved in the accident is less than $2500;
(c) The party's sworn statement that his or
			 her vehicle was not towed from the accident scene. The statement must be
			 notarized; or
(d) The party's sworn
			 statement or a statement from the insurance company responsible for the damage
			 claim that no person in the party's vehicle was injured as a result of the
			 accident. The party's statement must be notarized.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0020 - Self-Insurance Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 applicants for self-insurance certificates pursuant to ORS
			 806.130 must apply by means of
			 the "Application for Self-Insurance Certificate," Form Number
			 735-6798.
(2) DMV will issue a
			 non-expiring self-insurance certificate to any applicant who:
(a) Certifies they are a local public body,
			 as defined in ORS 30.260, which establishes a
			 self-insurance program under ORS
			 30.282 for or on account of the
			 operation of motor vehicles within the local public body's control;
(b) Certifies they are a public body, as
			 defined in ORS 30.260, which insures the
			 operation of motor vehicles within the public body's control under the
			 provisions of ORS Chapter 278 or by contract with the Department of
			 Administrative Services under ORS
			 30.282(4).
(c) Certifies that they are a federal agency
			 of the United States; or
(d)
			 Provides a certified copy of the Federal Motor Carrier Safety Administration
			 written decision, order or letter authorizing the applicant's self-insured
			 status.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0050 - Content of Uniform Financial Responsibility Certificate and Procedure for Processing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person required to file a certificate of insurance, for purposes of proving
			 future responsibility, must submit a Uniform Financial Responsibility
			 Certificate (SR-22).
(2) An SR-22
			 will not be accepted unless it contains:
(a)
			 The insured's complete name and address. If two names are on the certificate,
			 it will not be accepted. The only exception is an "on-behalf-of" certificate.
			 An "on-behalf-of" certificate is filed by an owner of a motor vehicle, showing
			 proof of financial responsibility on behalf of their employee or a member of
			 their immediate family in lieu of the driver furnishing such proof. The filing
			 of this type of certificate only permits the person to operate a motor vehicle
			 covered by the proof;
(b) The
			 insured's driver license number and date of birth;
(c) The insurance carrier name, not the name
			 of the insurance producer (agent). The carrier name is acceptable if preprinted
			 on the back of the form, or typed on the front;
(d) The policy number;
(e) The effective date of the
			 certification;
(f) A box must be
			 checked to show whether the policy is for an operator or an owner;
(g) Information showing that the certificate
			 is issued as proof of compliance with financial responsibility requirements in
			 Oregon;
(h) A certification by an
			 authorized representative of the insurance carrier that a motor vehicle
			 liability policy as required by the financial responsibility laws of Oregon,
			 and in effect on the effective date of the certification, has been issued to
			 the insured named on the SR-22;
(i)
			 The date the SR-22 was issued. An SR-22 received by DMV more than 30 days after
			 the date it was issued will not be accepted;
(j) The signature of the authorized
			 representative of the insurance carrier. An electronic signature as described
			 in OAR 735-018-0010(3)
			 and 735-018-0060 constitutes a
			 signature for purposes of this rule; and
(k) A secured internet Web site address at
			 the bottom of the form if the SR-22 is provided to DMV in Web site
			 format.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0055 - Proof of Compliance with Financial Responsibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 specifies the information that constitutes satisfactory proof of compliance
			 with financial responsibility requirements for the purposes of vehicle
			 registration renewal under ORS
			 803.460 and accident reporting
			 under ORS 811.725.
(2) For the purposes of ORS
			 803.460 and ORS
			 811.725, DMV shall accept any
			 one the following as proof of compliance with financial responsibility
			 requirements:
(a) The name of the insurer
			 issuing policy and the policy number, the insurance producer's binder number,
			 or any other number that identifies the policy.
(b) A valid certificate of self-insurance as
			 established in ORS 806.130.
(c) Information that a motor vehicle
			 liability insurance policy has been issued for a vehicle applying for renewal
			 of registration, submitted by insurers under ORS
			 742.580,
			 806.195, and OAR
			 735-050-0131, unless DMV has
			 reason to believe that the information is incorrect, outdated, or the policy
			 has been cancelled or not renewed.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0060 - Good Faith Belief of Compliance with Financial Responsibility Requirements - Purpose and Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Driver and Motor Vehicle Services Division of the Department of Transportation
			 (DMV) will terminate future responsibility filing requirements and rescind a
			 financial responsibility suspension of a person's driving privileges as allowed
			 by ORS 806.245,
			 809.380 and
			 809.450 when the person:
(a) Is currently in compliance with financial
			 responsibility requirements; and
(b) Reasonably and in good faith believed he
			 or she was in compliance at the time of the accident or DMV's letter of
			 verification.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0062 - What Constitutes "Reasonably and in Good Faith"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Examples of circumstances that constitute
			 reasonable and good faith belief include, but are not limited to, the
			 following:
(a) An insurance company accepted
			 application and payment for liability insurance covering the period of time in
			 question;
(b) An insurance carrier
			 or producer (agent) told a person that he or she was insured or would be
			 insured by a particular policy, and the person was not told otherwise until
			 after the accident or the Driver and Motor Vehicle Services Division of the
			 Department of Transportation (DMV) random sample;
(c) A separated spouse, partner in a domestic
			 partnership, or other additional holder of an insurance policy cancels the
			 policy without the person's knowledge and consent as shown by:
(A) Proof of legal separation; or
(B) A written statement from the party
			 canceling the policy; and
(d) A person is not yet 21 years old, is
			 attending school or is in the military service and believes he or she is
			 covered by a parent's policy.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0064 - What Does Not Constitute "Reasonably and in Good Faith"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Examples of beliefs that do not
			 constitute a reasonable and good faith belief include, but are not limited to,
			 the following:
(a) Belief that a vendor's
			 single interest (VSI) or other policy issued by a dealer or financing
			 institution provides motor vehicle liability coverage. That policy or its
			 declarations must clearly state that it does not provide motor vehicle
			 liability insurance, does not meet financial responsibility requirements or
			 contain some other similar statement;
(b) Belief by a person who is not yet 21
			 years of age, not attending school or not in military service, and not residing
			 with a parent that he or she is covered by a parent's policy;
(c) Belief by a person that a policy meets
			 the requirements of the financial responsibility law when the person has not
			 read the policy declarations and limitations;
(d) Belief that a policy is still in force
			 because of non-receipt of a notice of cancellation, unless the person presents
			 substantial evidence showing that the insurance company did not meet the
			 notification requirements for cancellation found in ORS Chapter 742;
(e) Belief that a spouse or partner in a
			 domestic partnership, normally pays all bills and must have paid an insurance
			 premium; and
(f) Belief based only
			 upon an insurance carrier's or insurance producer's (agent) representation
			 after an accident has occurred when, at the time of the accident, the person
			 did not reasonably believe that they were covered.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0070 - Suspensions for Uninsured Accidents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Driver and Motor Vehicle Services
			 Division of the Department of Transportation (DMV) will suspend the driving
			 privileges and right to apply for driving privileges of any person if the
			 person is involved in any motor vehicle accident at any time when DMV
			 determines the person has been driving uninsured.
(2) DMV will determine that a person was the
			 driver of a vehicle involved in an accident if DMV receives a report to that
			 effect from the police, an insurance carrier or insurance producer (agent), or
			 any other person involved in the accident.
(3) If the accident must be reported to DMV,
			 DMV will determine that a person was involved in an accident while driving
			 uninsured if:
(a) The person does not respond
			 to DMV's request for an accident report;
(b) The person does not respond to DMV's
			 request for both the name of the insurance carrier and the policy number that
			 covered the person's operation of the vehicle at the time of the accident;
			 or
(c) The insurance carrier the
			 person stated he or she was insured with denies coverage for the
			 accident.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0080 - Financial Responsibility Verification Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV randomly selects motor vehicles for
			 financial responsibility verification. The total number randomly selected each
			 year will not exceed ten percent of the motor vehicles registered in Oregon
			 that are subject to verification.
(2) In addition to randomly selecting motor
			 vehicles under section (1) of this rule, DMV may select persons for
			 verification of financial responsibility requirements if:
(a) A vehicle is registered to a person who
			 has been convicted of violating ORS
			 806.010;
(b) A vehicle is registered to a person who
			 has submitted certifications of compliance with financial responsibility
			 requirements that have previously been found to be incorrect; or
(c) DMV has reasonable grounds to believe
			 that the person is in violation of financial responsibility requirements. DMV's
			 determination of reasonable grounds is based on one or more of the following:
(A) Written statements from police, insurance
			 carriers, insurance producers (agents), and the public;
(B) Any admission to DMV by the owner of an
			 Oregon-registered vehicle that the vehicle is not insured;
(C) Receipt by DMV of any record from another
			 jurisdiction that the owner of any Oregon-registered vehicle was convicted of
			 driving uninsured, regardless of the vehicle driven at the time of
			 offense;
(D) Receipt by DMV of any
			 record from another jurisdiction indicating that an Oregon-registered vehicle
			 was driven without insurance, regardless of who was driving the
			 vehicle;
(E) Statements made during
			 an administrative hearing by a driver or owner of a vehicle that the
			 Oregon-registered vehicle was driven while uninsured;
(F) No record of submission from an insurance
			 carrier, pursuant to ORS
			 742.580,
			 806.195 and OAR
			 735-050-0131, that a motor
			 vehicle liability insurance policy has been issued; or
(G) No record of submission of proof of
			 compliance with financial responsibility requirements following a reportable
			 accident pursuant to ORS
			 811.725.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0100 - Future Responsibility Filing Requirements Following Mandatory Suspension or Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule, "proof" means proof of future responsibility filings as
			 described in OAR 735-050-0050.
(2) The requirement to file proof following a
			 suspension or revocation of the person's driving privileges begins on the
			 scheduled expiration date of the following:
(a) The suspension or revocation of the
			 person's driving privileges under ORS
			 813.400,
			 809.411(2), (3), (4), (5), (6),
			 (9),
			 809.417(2), or
			 809.409(2), (3),
			 (4);
(b) The revocation of the person's driving
			 privileges under ORS 809.235.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0120 - Proof of Compliance With Financial Responsibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  806.011,
				  806.012 & 2013 OL Ch
				  108
Stats. Implemented: ORS
				  806.011,
				  806.012 & 2013 OL Ch
				  108
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0129

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010 &
				  806.195
Statutes/Other Implemented: ORS
				  806.195 &
				  742.580
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0130

Current through Register Vol. 63, No. 7, July 1, 2024
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  184.619,
				  802.010 &
				  806.195
Statutes/Other Implemented: ORS
				  802.270,
				  806.195 &
				  742.580
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0140

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616 & OL 1993, Ch.
				  746
Stats. Implemented: OL 1993, Ch.
				  746
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0150

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616 & OL 1993, Ch.
				  746
Stats. Implemented: OL 1993, Ch.
				  746
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 50 - FINANCIAL RESPONSIBILITY › Section 735-050-0160

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616 & OL 1993, Ch.
				  746
Stats. Implemented: OL 1993, Ch.
				  746
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0000 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  807.072 &
				  807.080
Stats. Implemented: ORS
				  807.040,
				  807.070,
				  807.072 &
				  807.080
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0040 - Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to DMV
			 issuing a CDL Third Party Tester Certificate, the prospective Tester must pass
			 an inspection to ensure compliance with all Oregon statutes, DMV administrative
			 rules and federal regulations related to CDL Third Party testing. An authorized
			 representative of DMV will, during regular business hours, inspect the
			 applicant's business office or facility, and any proposed test site, and
			 on-road drive test routes submitted to DMV.
(2) DMV, the Oregon Secretary of State, or
			 FMCSA may conduct an unscheduled inspection of the business premises, records,
			 and equipment of a CDL Third Party Tester to review compliance with all Oregon
			 statutes, DMV administrative rules, and federal regulations related to CDL
			 Third Party testing. No notice will be given to the Tester prior to the
			 unscheduled inspection. The Tester must consent to and fully cooperate with the
			 unscheduled inspection.
(3) In
			 addition to any other inspection, DMV will, at least once every two years,
			 conduct an inspection of each Tester to review compliance with Oregon statutes,
			 DMV administrative rules, and federal regulations related to CDL Third Party
			 testing.
(4) An inspection, whether
			 scheduled or unscheduled, may include an inspection of:
(a) CDL Third Party Tester records.
(b) Security of CDL applicant personal
			 information.
(c) A review of the
			 Tester's qualifications and compliance with the terms of the CDL Third Party
			 Tester Agreement.
(d) The testing
			 procedures used by CDL Third Party Examiners of the Tester including the test
			 site(s) and on-road drive test route(s).
(e) Any other related areas the DMV
			 representative may deem necessary at the time of the inspection.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0050 - Issuance of CDL Third Party Tester Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0051 - Refusal to Issue a CDL Third Party Tester Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0057 - Record Requirements for CDL Third Party Testers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Tester must ensure records are
			 maintained at the Tester's primary place of business or by each Examiner at
			 each testing location for no less than six years from the date of the
			 test.
(2) The Tester must maintain
			 the following records:
(a) A fully completed
			 copy of the CDL test score sheet for each CDL applicant tested, regardless of
			 whether the individual passed or failed the test. To be fully completed the CDL
			 skills test score sheet must contain:
(A) The
			 CDL applicant's full name and driver license number;
(B) Information on the CMV used for the test,
			 including:
(i) Jurisdiction in which the CMV
			 is registered;
(ii) The CMV
			 registration plate number;
(iii)
			 The class and type of CMV; and
(iv)
			 Whether the CMV had airbrakes or air-over-hydraulic brakes, is a
			 passenger-carrying CMV or a school bus, has a manual or automatic transmission,
			 or uses a fifth-wheel hitch system.
(C) CMV insurance information, including the
			 name of the insurance carrier and policy holder and the policy
			 number.
(D) The CDL skills test
			 site and on-road drive route identifiers.
(E) The CDL Third Party Examiner's
			 name.
(F) The time and date of the
			 test and test results.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  807.080
Stats. Implemented: ORS
				  807.040,
				  807.070 &
				  807.100
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0065 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are not included in rule text.
Click here for PDF copy
				  of table(s)
.
Stat. Auth.: ORS
				  184.616,
				  184.619 &
				  807.080
Stat. Implemented: ORS
				  807.040,
				  807.070 &
				  807.100
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0090 - Qualifications for CDL Third Party Examiner Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible for a CDL Third Party
			 Examiner Certificate, or to be allowed to maintain a CDL Third Party Examiner
			 Certificate, an individual must meet the following qualifications:
(a) Be at least 21 years of age.
(b) Be an employee of or associated with a
			 CDL Third Party Tester or an applicant for a CDL Third Party Tester
			 Certificate.
(c) Except as provided
			 in subsection (d) of this section, have and maintain a valid Oregon CDL as
			 defined in OAR 735-060-0003(27).
(d) If the individual does not have a valid
			 Oregon CDL, the individual must have a valid CDL issued by another
			 jurisdiction, as defined in OAR
			 735-060-0003(27).
			 An individual who has not held an Oregon CDL for the required three-year period
			 may be required to submit a certified driving record from any jurisdiction that
			 issued the CDL during that period.
(e) Have the skills and abilities necessary
			 to administer CDL skills tests as described in OAR
			 735-060-0120.
(f) Not have been convicted of a felony
			 within the last 10 years.
(g) Not
			 have been convicted of a crime involving fraud, false swearing or
			 misrepresentation.
(h) Have
			 successfully completed the CDL Third Party Examiner training course as required
			 in OAR 735-060-0095.
(i) Provide documentation satisfactory to
			 DMV, including a recommendation from a previous employer, of at least one of
			 the following:
(A) At least three years of
			 CMV driving experience;
(B) At
			 least two years of experience training CMV drivers for a private business or
			 government agency; or
(C) At least
			 two years of experience providing testing of CDL drivers for a governmental
			 licensing agency.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0095 - CDL Third Party Examiner Training

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0100 - Issuance of a CDL Third Party Examiner Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0101 - Refusal to Issue a CDL Third Party Examiner Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Tables referenced are not included in rule text.
Click here for PDF copy
				  of table(s)
.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  807.080
Stats. Implemented: ORS
				  807.040,
				  807.070 &
				  807.100
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0115 - Code of Ethics and Rules of Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0120 - CDL Skills Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The CDL skills
			 test is a three-part test of an individual's skills to safely operate a CMV.
			 The three parts are the pre-trip vehicle inspection test, the basic control
			 skills test, and the on-road drive test.
(2) DMV adopts the following FMCSA
			 regulations in effect on January 1, 2020, and prescribes that these regulations
			 establish the standards that must be followed in the administration of a CDL
			 skills test:
(a)
									49 CFR sec.
			 383.71, Driver Applicant and Certification
			 Procedures;
(b)
									49 CFR sec.
			 383.75, Third Party Testing;
(c)
									49 CFR sec.
			 383.110 through sec.
			 383.123, Required Knowledge and
			 Skills; and
(d)
									49 CFR sec.
			 383.131 through sec.
			 383.135, Tests.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0130 - Recording of Test Scores in CSTIMS

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 60 - THIRD PARTY TESTING FOR COMMERCIAL DRIVER LICENSES › Section 735-060-0145 - CDL Third Party Tester and CDL Third Party Examiner Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV may impose
			 a sanction on a Tester or Examiner if DMV determines a Tester or Examiner has
			 violated any provision related to CDL third party testing described in the
			 Oregon Vehicle Code or these Division 60 rules.
(2) DMV will impose a sanction determined by
			 DMV to be appropriate for the particular violation. DMV may consider one or
			 more of the following criteria, as it deems appropriate, to determine what
			 sanction or sanctions, if any, may be imposed upon concluding that a violation
			 has occurred:
(a) The severity of the
			 violation;
(b) The possible impact
			 of the violation on public safety;
(c) The possible impact of the violation on
			 the integrity of the CDL Third Party Testing program;
(d) The possible impact of the violation on
			 the security of a CDL applicant's personal information;
(e) The total number of violations by the
			 Tester or Examiner;
(f) Whether the
			 violation is an isolated occurrence, part of a continuing pattern, or one of a
			 series of violations;
(g) Whether
			 the violation was willful or committed negligently by a Tester or Examiner who,
			 when considering the Tester's or Examiner's training and experience, should
			 have known the action to be in violation of the provisions of the CDL Third
			 Party Testing program;
(h) The
			 history of the Tester's or Examiner's prior violations;
(i) The Tester's or Examiner's past
			 performance;
(j) Any extenuating
			 circumstances or other factors bearing on the appropriate nature of a sanction;
			 and
(k) The history of prior
			 sanctions imposed by DMV on other Testers or Examiners for a similar
			 violation.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0210

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0220

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0230

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0240

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0250

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0260

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0270

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0280

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0290

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0300

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0310

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0320

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0330

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0340

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 61 - THIRD PARTY TESTING FOR CLASS C DRIVER LICENSE › Section 735-061-0350

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  802.600
Stats. Implemented: ORS
				  802.600