reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0031 - Dismantler Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As required
			 by ORS 822.135,
			 822.137 and this rule, motor
			 vehicle dismantlers must maintain records on each motor vehicle or major
			 component part acquired and taken into the inventory of the dismantler's
			 business. Records must be retained at the dismantler's business location for a
			 period of three years from the date of acquisition. Records must include the
			 following:
(a) For a motor vehicle:
(A) If last titled in Oregon, the Oregon
			 title number, or if the title is not available a copy of the vehicle ownership
			 document;
(B) If last titled in
			 another jurisdiction, a copy of the out-of-state title or ownership document;
(C) If available, the registration
			 plate number and the name of the jurisdiction where the vehicle was last
			 registered;
(D) The year, make and
			 model;
(E) The vehicle
			 identification number;
(F) The
			 date the vehicle was acquired as defined in OAR
			 735-152-0000;
(G) The vehicle, stock or yard number
			 assigned to the vehicle by the dismantler; and
(H) Any other information required by DMV.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0034 - Report that Vehicle is Dismantled or Destroyed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule designates the form of the
			 written report required under ORS
			 822.133(2)(e).
(2) A dismantler must submit a completed and
			 signed written report to DMV within 30 days of the date that a dismantler
			 destroys or dismantles a motor vehicle acquired by the dismantler.
(3) The written report must include:
(a) A completed and signed Vehicle
			 Dismantler's Notice (DMV Form 270); and
(b) The original ownership record for the
			 vehicle.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0037 - Late Renewal of Dismantler Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application to renew a dismantler
			 certificate will not be considered late if the dismantler submits an
			 application for renewal within 15 days of the date that the previous
			 certificate expired, and the application is submitted with all applicable fees
			 and a surety bond in effect during that 15-day period.
(2) An application to renew a dismantler
			 certificate is late, and subject to the late payment charge under ORS
			 822.700(3), if
			 the dismantler submits:
(a) An application
			 for renewal no later than 45 days after the previous certificate expired, and
			 the application is submitted with all applicable fees; and
(b) A surety bond in effect during that
			 45-day period.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0040 - Dismantler Violations Subject to Sanction

Current through Register Vol. 63, No. 7, July 1, 2024
A dismantler is subject to the sanctions described under OAR
				735-152-0050 if the
				dismantler:
(1) Commits the offense of
			 improperly conducting a motor vehicle dismantling business for any of the
			 reasons set forth in ORS
			 822.120,
			 822.125,
			 822.133,
			 822.135,
			 822.137,
			 822.145 or relevant rules
			 adopted by DMV.
(2) Allows a person
			 who is not an employee of the dismantler to imply or represent an affiliation
			 with the dismantler business to engage in any activity that would subject that
			 person to dismantler certification and regulatory requirements.
(3) Fails to allow DMV to conduct an
			 inspection as required by ORS
			 822.130.
(4) Is issued notice that the dismantler's
			 bond under ORS 822.120 is cancelled.
(5) Fails to pay any civil penalty imposed
			 under ORS 822.133,
			 822.135,
			 822.137 or
			 822.145.
(6) Has violated ORS
			 803.140,
			 819.012,
			 819.016,
			 819.040,
			 822.120,
			 822.125,
			 822.133,
			 822.135,
			 822.137 or
			 822.150.
(7) Is convicted of an offense under ORS
			 468.922,
			 468.926,
			 468.929,
			 468.931,
			 468.936,
			 468.939,
			 468.943 or
			 468.946.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  822.125,
				  822.133,
				  822.137 &
				  822.145
Statutes/Other Implemented: ORS
				  822.100,
				  822.120,
				  822.125,
				  822.130,
				  822.133,
				  822.135,
				  822.137,
				  822.145,
				  822.150 &
				  822.992
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0045 - Civil Penalty Consideration; Certified Dismantlers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A dismantler who violates the provisions
			 of ORS 822.133 and
			 822.137 and any rule adopted by
			 DMV relating to these provisions may incur, in addition to any other penalty or
			 sanction provided by law, a civil penalty in an amount of not more than $1,000
			 for each violation.
(2) DMV will
			 assess a penalty amount determined by DMV to be appropriate for the particular
			 violation. In determining an appropriate penalty amount, DMV may use the
			 schedule set forth in OAR
			 735-152-0060 as a guideline and
			 may consider the following:
(a) The severity
			 of the violation or its impact on the public;
(b) The number of similar or related
			 violations;
(c) Whether a violation
			 was willful or intentional;
(d) The
			 prior history of all civil penalties and sanctions imposed by DMV against the
			 dismantler or principals of the dismantler business;
(e) The number of violations compared to the
			 volume of transactions at the dismantler business; or
(f) Other circumstances determined by DMV to
			 be applicable to the particular violation.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0050 - Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 any other penalties provided by law, DMV may impose sanctions against any
			 person issued a valid dismantler certificate, any principal of a dismantler
			 business, or both, if DMV determines either has violated any Oregon law or DMV
			 rule relating to the operation of a dismantler business.
(2) Sanctions may be imposed against one or
			 more of the following:
(a) A dismantler's
			 certificate issued under ORS
			 822.110;
(b) An identification card or supplemental
			 dismantler certificate issued under ORS
			 822.125; or
(c) A principal of the dismantler
			 business.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0060 - Civil Penalty Matrix for Certified Dismantlers

Current through Register Vol. 63, No. 7, July 1, 2024
DMV may impose a civil penalty against a motor vehicle
				dismantler for any violation described under ORS
				803.140,
				819.012,
				819.016,
				819.040,
				822.120,
				822.125,
				822.130,
				822.133,
				822.135,
				822.137 or DMV rules. DMV adopts
				this civil penalty matrix to determine civil penalty amounts that may be
				imposed against dismantlers for specific violations. DMV may modify a civil
				penalty assessed against a dismantler under the provisions of OAR
				735-152-0045. Under this rule,
				an offense is a "second or subsequent offense" if a dismantler committed the
				same offense within three years of the offense under consideration.
(1) Fraudulently obtaining a dismantler
			 certificate by submission of an application under OAR
			 735-152-0005 containing a false
			 statement or omission of a material fact: $1,000, for the first and subsequent
			 violation(s).
(2) Failure to comply
			 with any provision of ORS
			 803.140 concerning an
			 application for salvage title:
(a) For the
			 first violation: warning;
(b) For
			 the second violation: $250;
(c) For
			 the third violation: $500;
(d) For
			 the fourth and subsequent violation(s): $1,000.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0070 - Civil Penalty Considerations; Acting as a Dismantler Without a Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
Any person not issued a dismantler certificate under ORS
				822.110, who violates the Oregon
				Vehicle Code or any DMV rule relating to the dismantling of motor vehicles,
				will incur, in addition to any other penalty provided by law, a civil penalty
				not to exceed $5,000 for each vehicle:
(1) DMV will assess penalties in accordance
			 with the schedule set forth in OAR
			 735-152-0080.
(2) The Business Regulation Section of DMV
			 may evaluate the amount of a civil penalty assessed in individual cases and may
			 agree to payment of an amount other than originally assessed. In making such an
			 evaluation, the Business Regulation Section may consider:
(a) The severity of the violation or its
			 impact on the public;
(b) The
			 number of similar or related violations;
(c) Whether the violations were willful or
			 intentional; and
(d) Any other
			 consideration DMV deems appropriate.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0080 - Schedule of Violation Penalties, Unlicensed Dismantler

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to any other penalty provided
			 by law, the following civil penalty schedule applies to persons acting as a
			 dismantler without a current dismantler certificate, including a dismantler who
			 sells a vehicle while the dismantler's certificate is expired, suspended,
			 cancelled, or revoked.
(2) This
			 schedule does not apply to a person or dismantler exempt from dismantler
			 certification requirements pursuant to ORS
			 822.105.
(3) Civil penalties under this schedule are
			 assessed as follows:
(a) For the first
			 offense: $2,500 per vehicle;
(b)
			 For the second and subsequent offenses: $5,000 per vehicle.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 152 - DISMANTLERS › Section 735-152-0090 - Contested Case Hearings and Disposition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Business Regulation Section of DMV
			 may, in accordance with ORS
			 183.415(5),
			 make an informal disposition of any contested case prior to the conclusion of
			 any hearing, resulting from a sanction or civil penalty assessed under OAR
			 chapter 735, division 152. This disposition may include a stipulation, agreed
			 settlement, consent order or default order.
(2) An informal disposition by stipulation,
			 agreed settlement or consent order must be in writing, signed by any party to
			 the contested case and incorporated into the final order.
(3) The administrative law judge presiding at
			 a contested case hearing may not adjust the amount of a civil penalty imposed
			 by DMV under OAR 735-152-0045 or
			 735-152-0070.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010 &
				  822.100 -
				  822.150
Stats. Implemented: ORS
				  183.430 &
				  822.100 -
				  822.150
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 154 - TOWING BUSINESSES › Section 735-154-0000 - Regulations Governing Towing and Recovery Businesses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Failure to meet or maintain any of the
			 requirements of ORS 822.200 to
			 822.215 or OAR
			 735-154-0000 through
			 735-154-0050 relating to a
			 towing or recovery business shall be cause to deny, suspend, revoke or refuse
			 to issue or renew a towing business certificate.
(2) Definitions for the purposes of OAR
			 735-154-0000 through
			 735-154-0050 are as follows:
(a) As used in ORS
			 822.200(1)(c),
			 "purports...to be engaged in..." means to solicit or advertise towing services
			 through the telephone book, business directory, newspaper, radio, television,
			 posting on vehicles, signs, business, billboards or by any other
			 means;
(b) A "towing or recovery
			 vehicle" means any motor vehicle used by any person(s) for the purpose of
			 towing or recovering of vehicles;
(c) "Towing business certificate" or
			 "certificate" means the vehicle registration card containing distinctive
			 language indicating it is a certificate issued in conjunction with the vehicle
			 registration, for towing or recovery services;
(d) "Distinctive plate" means the prescribed
			 Oregon registration plate format with a five-digit identification number and
			 two letter prefix "TW" indicating a tow or recovery vehicle; and
(e) "Stickers" means month and year stickers
			 of a type in current use by the Driver and Motor Vehicle Services Division of
			 the Department of Transportation to indicate staggered registration
			 dates.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 154 - TOWING BUSINESSES › Section 735-154-0005 - Authority of Towing Business to Issue 10-day Trip Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A towing
			 business may issue 10-day trip permits as provided in ORS
			 803.600, if the towing business:
(a) Submits a completed and signed agreement
			 to issue trip permits to DMV; and
(b) Agrees to abide by the Oregon statutes
			 and administrative rules relating to the issuance and sale of 10-day trip
			 permits, including but not limited to ORS
			 803.600 and OAR
			 735-034-0010.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 154 - TOWING BUSINESSES › Section 735-154-0010 - Requirements for Towing Business Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to meeting the requirements
			 for an application for a towing business certificate under ORS
			 822.200 to
			 822.215 or a renewal under ORS
			 822.210, an applicant for a
			 towing vehicle certificate must submit the following to the DMV for each tow
			 vehicle:
(a) A completed and signed
			 Application for Tow or Recovery Vehicle Business Certificate (DMV Form
			 735-387);
(b) An application for
			 title and registration, if titling and registering a vehicle;
(c) An application for registration, if only
			 registering a vehicle; and
(d) All
			 applicable fees.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 154 - TOWING BUSINESSES › Section 735-154-0040 - Minimum Safety Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 the time of original application, the applicant shall certify the tow or
			 recovery vehicle is in compliance with the minimum safety standards required by
			 this rule. These standards only apply to tow and recovery vehicles registered
			 under OAR 735-154-0000 through
			 735-154-0050.
(2) The Driver and Motor Vehicle Services
			 Division of the Department of Transportation (DMV) may make random
			 safety-related inspections without notice to ensure compliance.
(3) No motor vehicle shall be used for tow or
			 recovery services unless the following safety requirements are met:
(a) The vehicle is in compliance with
			 equipment and lighting requirements of the Oregon Revised Statutes;
(b) The vehicle is in compliance with
Title 49 Code of Federal Regulations, Parts 570.4, 570.5, 570.6,
			 570.7(except paragraph "d"), 570.8, 570.9, 570.10, 570.54, 570.55, 570.56,
			 570.57, 570.58, 570.59 (except the combination of vehicles and truck tractors
			 must stop in a distance of not more than 35 feet), 570.60 (except paragraph
			 "d"), 570.61, 570.62 and 570.63
.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 154 - TOWING BUSINESSES › Section 735-154-0050 - Inspection of Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 tow or recovery business shall make their vehicles available for inspection by
			 authorized representatives of the Driver and Motor Vehicle Services Division of
			 the Department of Transportation (DMV) upon request during reasonable business
			 hours.
(2) No DMV representative
			 may inspect a vehicle when the inspection would cause a disruption of normal
			 business.
(3) No DMV representative
			 may road-test any vehicle or remove any wheels in the course of an
			 inspection.
(4) A DMV
			 representative, when there is cause, may require the owner or a designee, to
			 road-test a vehicle or require the removal of a wheel or wheels by a mechanic
			 of the owner's choice.
Stat. Auth.: ORS
				  802.010, ORS
				  822.205 & ORS
				  822.215
Stats. Implemented: ORS
				  822.215
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 154 - TOWING BUSINESSES › Section 735-154-0060 - Lessee as Owner on Leased Tow or Recovery Vehicle

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding ORS
				801.375(1)(b)
				and 803.050, the lessee shall appear
				as owner on the Certificate of Title for a vehicle when:
(1) Application for a towing business
				certificate is made and the vehicle is engaged in any towing or recovery
				business operation; and
(2) Special
				tow or recovery plates or identification devices are issued in conjunction with
				the vehicle registration.
Stat. Auth.: ORS
				  801.375, ORS
				  802.010, ORS
				  803.050, ORS
				  805.200, ORS
				  822.205, ORS
				  822.210 & Ch. 551, OL
				  1991
Stats. Implemented: ORS
				  801.375 & ORS
				  803.050
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 158 - VEHICLE APPRAISERS › Section 735-158-0000 - Vehicle Appraiser Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for a vehicle appraiser
			 certificate or renewal under ORS
			 819.480 must submit the
			 following to the DMV Business Regulation Section:
(a) A completed and signed DMV Application
			 for Vehicle Appraiser Certificate (DMV Form 735-6610);
(b) All applicable fees; and
(c) Except as provided in section (2) of this
			 rule, proof of two years combined work experience as a vehicle appraiser:
(A) For a new or used car business, tow
			 business, insurance company, vehicle body repair business, law enforcement
			 agency or any other state or local jurisdiction; or
(B) In the operation or employment of a
			 certified vehicle dismantler business.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 158 - VEHICLE APPRAISERS › Section 735-158-0005 - Vehicle Appraiser Education Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Training Requirements. The Vehicle
			 Appraiser Education Program is a non-vocational training program designed for
			 individuals who need a vehicle appraiser certificate as a condition of
			 employment, as described in OAR
			 735-158-0000(2).
			 The training, conducted by DMV-approved instructors, provides education on the
			 basic skills and minimum knowledge required to appraise vehicles in Oregon. The
			 training is a minimum of four hours and covers:
(a) Oregon laws and administrative rules
			 applicable to certified vehicle appraisers and the appraisal of vehicles,
			 including but not limited to:
(A) Privileges
			 granted by an appraiser certificate and certificate renewal;
(B) Reporting requirements and
			 appraisal-related forms; and
(C)
			 Procedures and requirements regarding the towing of vehicles from a public
			 right-of-way or private property, and the disposition of vehicles when
			 towed.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 158 - VEHICLE APPRAISERS › Section 735-158-0010 - Vehicle Appraiser Education Program; Instructor Qualifications; Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person who wishes to become a DMV-approved Vehicle Appraiser Education Program
			 instructor must:
(a) Hold a valid Oregon
			 Vehicle Appraiser Certificate;
(b)
			 Have a minimum of five consecutive years experience as a certified vehicle
			 appraiser in Oregon; and
(c) Submit
			 a written request to become an instructor to DMV Business Regulation Section,
			 1905 Lana Ave. NE, Salem Oregon 97314. The request must include the following
			 information for the person making the request:
(A) Name, mailing address and telephone
			 number;
(B) A copy of the person's
			 current Vehicle Appraiser Certificate. The copy must show the certificate
			 number, date of issuance and date of expiration; and
(C) An outline of the curriculum the
			 instructor plans to use for the training. At a minimum, the curriculum must
			 cover all topics described under OAR
			 735-158-0005(1)
			 and include a least four hours of training.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0010 - Commercial Driver Training School Operator Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An operator of
			 the school must be at least 21 years of age and meet the qualification s
			 described in ORS 822.515 and these OAR 735,
			 division 160, rules.
(2) An
			 operator must not have a conviction for any of the following crimes:
(a) A traffic crime. This subsection does not
			 apply if the conviction occurred more than five years preceding the date an
			 application for a school certificate is submitted to DMV.
(b) Kidnapping, custodial interference,
			 subjecting another to involuntary servitude, or trafficking in persons as
			 defined in ORS 163.225 to
			 163.266.
(c) Any sexual offense, with or without
			 force, any offense related to child pornography or any offense compelling or
			 promoting prostitution.
(d) Any
			 crime involving death, injury or threat of injury to another person.
(e) Any crime involving theft, forgery,
			 fraud, falsifying or tampering with records, or racketeering.
(f) Any crime relating to the unlawful
			 possession, use, sale, manufacture or distribution of an intoxicant, as defined
			 in Oregon Laws 2023, Chapter 498.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0015 - Commercial Driver Training School Operator Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An operator
			 must:
(a) Notify DMV by regular mail or email
			 within 24 hours of any of the following:
(A)
			 The location of any permanent classroom facility changes;
(B) The school goes out of business and
			 ceases operations;
(C) The operator
			 no longer meets or maintains the qualifications set forth in OAR
			 735-160-0010;
(D) The school does not maintain the
			 requirements set forth in OAR
			 735-160-0011;
(E) An instructor whose employment with the
			 school has terminated; or
(F) An
			 instructor employed by the school who no longer meets or maintains the
			 qualifications, responsibilities or requirements set forth in OAR
			 735-160-0075,
			 735-160-0080, and
			 735-160-0095, including an
			 explanation of why the instructor no longer meets the qualifications,
			 responsibilities, or requirements.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0020 - Location and Promotion

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0030 - Commercial Driver Training School Records

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0035 - Inspection and Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0040 - Vehicle Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0050 - Curriculum Standards and Courses for Commercial Driver Training School Program

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0075 - Commercial Driver Training School Instructor Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not teach, conduct classes, give demonstrations to, or supervise the practice
			 of student drivers for compensation unless the person is issued an instructor
			 certificate by DMV.
(2) To be
			 eligible for an instructor certificate, or to renew or maintain an instructor
			 certificate, a person must meet all of the following requirements:
(a) Be at least 21 years of age to conduct
			 behind-the-wheel training and age 19 to conduct classroom training.
(b) Be an employee of a school that holds a
			 valid and current school certificate issued by DMV.
(c) Have possessed valid Oregon driving
			 privileges, or valid driving privileges from another jurisdiction within the
			 United States, for at least three of the last five years immediately preceding
			 the date an application for an Instructor Certificate is submitted to DMV, or
			 valid driving privileges for at least three of the last five years immediately
			 preceding the date an application for an instructor certificate is submitted to
			 DMV if the person will conduct behind-the-wheel instruction. To be valid,
			 driving privileges must not be suspended, revoked, canceled, or otherwise
			 withdrawn for a conviction of a traffic crime at any time within the five-year
			 period. For purposes of these Division 160 rules, a hardship, probationary, or
			 instruction driver permit does not constitute valid driving privileges. A
			 person who has not held Oregon driving privileges for the periods described
			 above, may be required to submit a certified driving record from each
			 jurisdiction that issued driving privileges during that period.
(d) Have received a passing score on the
			 written knowledge test and the certification drive test described in OAR
			 735-160-0100 if the person is
			 required to take the certification drive test under OAR
			 735-160-0080(3).
(e) Currently possess valid driving
			 privileges in Oregon or another jurisdiction within the United
			 States.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0080 - Issuance of Commercial Driver Training School Instructor Certificate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 must apply for an original or renewal instructor certificate pursuant to ORS
			 822.515 and must:
(a) Submit a completed application on a form
			 or in a format provided or established by DMV;
(b) Meet the instructor qualifications listed
			 in OAR 735-160-0075;
(c) Provide DMV with a copy of the
			 applicant's criminal background information. Criminal background information
			 will only be used to determine the person's qualifications to be an instructor
			 and may be used as evidence in any contested case hearing or appeal as
			 described in section (6) of this rule. Such information will otherwise be kept
			 confidential and not released to any person unless DMV determines a record, or
			 any portion thereof, must be released pursuant to the Oregon Public Records
			 Law, ORS 192.410 to
			 192.505, or the Attorney General
			 or a court orders disclosure in accordance with the Oregon Public Records
			 Law.
(d) Submit the fee required
			 under ORS 822.700; and
(e) Possess and maintain a current and valid
			 driver license from Oregon or another jurisdiction within the United
			 States.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0095 - Commercial Driver Training School Instructor Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  802.010,
				  822.515 &
				  822.530
Stats. Implemented: ORS
				  822.530
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0110 - Instructor Certificate Issuance, Correction, Surrender, and Replacement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0115 - Commercial Driver Training School and Instructor Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) DMV may impose
			 sanctions when it determines that a school or an instructor has violated any
			 provision of the Oregon Vehicle Code or of these Division 160 administrative
			 rules.
(2) DMV will impose a
			 sanction appropriate for the particular violation. DMV will consider the
			 following factors when determining an appropriate sanction:
(a) The severity of the violation;
(b) The possible impact of the violation on
			 the safety of the public;
(c) The
			 number of similar or related violations;
(d) Whether the violations were willful or
			 intentional;
(e) The history of
			 prior sanctions imposed by DMV;
(f)
			 Whether the violation is an isolated occurrence, part of a continuing pattern,
			 or one of a series of violations;
(g) The history of prior
			 violations;
(h) Any extenuating
			 circumstances or other factors bearing on the appropriate nature of the
			 sanction; and
(i) The history of
			 prior sanctions imposed by DMV on other schools or instructors for a similar
			 violation.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0125

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, 814.619,
				  802.010,
				  822.515 &
				  822.530
Stats. Implemented: ORS
				  822.515 -
				  822.530
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0130 - Code of Ethics and Rules of Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(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, employees of the
			 school, passengers in a vehicle being used for behind-the-wheel instruction, or
			 the general public;
(f) Possess or
			 use any unlawful 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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 160 - DRIVER TRAINING › Section 735-160-0140 - Customer Feedback Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 162 - SNOWMOBILES INSTRUCTORS/OPERATORS › Section 735-162-0000 - Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  802.010, ORS
				  821.150, ORS
				  821.160 & ORS
				  821.190
Stats. Implemented: ORS
				  821.160
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 162 - SNOWMOBILES INSTRUCTORS/OPERATORS › Section 735-162-0010 - Certification Application

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  802.010, ORS
				  821.150, ORS
				  821.160 & ORS
				  821.190
Stats. Implemented: ORS
				  821.160
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 162 - SNOWMOBILES INSTRUCTORS/OPERATORS › Section 735-162-0020 - Course Content

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 162 - SNOWMOBILES INSTRUCTORS/OPERATORS › Section 735-162-0030 - Certification

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  802.010, ORS
				  821.150, ORS
				  821.160 & ORS
				  821.190
Stats. Implemented: ORS
				  821.160
Oregon Administrative Rules › Chapter 735 - DEPARTMENT OF TRANSPORTATION, DRIVER AND MOTOR VEHICLE SERVICES DIVISION › Division 162 - SNOWMOBILES INSTRUCTORS/OPERATORS › Section 735-162-0040 - License Application

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  802.010, ORS
				  821.150, ORS
				  821.160 & ORS
				  821.190
Stats. Implemented: ORS
				  821.160