reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0060 - Payment Authorization of Cost Overruns for Goods or Services including Architectural, Engineering and Land Surveying Services and Related Services Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Payments on contracts that exceed the maximum contract consideration require
			 approval from OPRD's designated procurement officer and may require approval
			 from the Department of Justice pursuant to OAR
			 137-045-0010 et seq. Approval
			 may be provided if there is compliance with all of the following:
(a) The original contract was duly executed
			 and, if required, approved by the Attorney General.
(b) The original contract has not expired,
			 been terminated, or been reinstated under OAR
			 736-147-0070 as of the date
			 written approval to increase the contract amount is granted.
(c) The cost overrun is not associated with
			 any change in the statement of work set out in the original contract.
(d) The cost overrun arose out of
			 extraordinary circumstances or conditions encountered in the course of contract
			 performance that were reasonably not anticipated at the time the original
			 contract or the most recent amendment, if any, was signed. Such circumstances
			 include but are not limited to cost overruns that:
(A) Address emergencies arising in the course
			 of the contract that require prompt action to protect the work already
			 completed.
(B) Comply with official
			 or judicial commands or directives issued during contract
			 performance.
(C) Ensure that the
			 purpose of the contract will be realized;
(e) The cost overrun was incurred in good
			 faith, results from the good faith performance by the contractor, and is no
			 greater than the prescribed hourly rate or the reasonable value of the
			 additional work or performance rendered.
(f) Except for the cost overrun, the contract
			 and its objective are within the statutory authority of OPRD and OPRD currently
			 has funds available for payment under the contract.
(g) An officer or employee of OPRD has
			 presented a written report to OPRD's designated procurement officer within 60
			 days of the discovery of the overrun that states the reasons for the cost
			 overrun and demonstrates to the satisfaction of OPRD's designated procurement
			 officer that the original contract and the circumstances of the overrun satisfy
			 the conditions stated above.
(h)
			 OPRD's designated procurement officer approves in writing the payment of the
			 overrun, or such portion of the overrun amount as OPRD's designated procurement
			 officer determines may be paid consistent with the conditions of this rule. If
			 OPRD's designated procurement officer has signed the contract, or has immediate
			 supervisory responsibility over performance of the contract, that person must
			 designate an alternate delegate to grant or deny written approval of
			 payment.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0070 - Ethics in Public Contracting - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon public contracting is a public trust. OPRD and
				contractors involved in public contracting must safeguard this public
				trust.
Stat. Auth.: ORS
				  244.010 -
				  244.400,
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  244.010 -
				  244.400,
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0080 - Ethics in Selection and Award of Public Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OPRD officers, employees or agents
			 involved in the process of the selection and award of public contracts must
			 carefully review the provisions of ORS
			 244.040.
(2) OPRD officers, employees and agents are
			 prohibited from soliciting or receiving gifts, which means something of
			 economic value given to a public official or the public official's relative
			 without an exchange of valuable consideration of equivalent value, including
			 the full or partial forgiveness of indebtedness, and which is not extended to
			 others who are not public officials or the relatives of public officials on the
			 same terms and conditions; and something of economic value given to a public
			 official or the public official's relative for valuable consideration less than
			 that required from others who are not public officials.
(3) OPRD officers, employees and agents are
			 prohibited from using their official position for personal or financial
			 gain.
(4) OPRD officers, employees
			 and agents are prohibited from using confidential information gained in the
			 course of the screening and selection procedures for personal or financial
			 gain.
Stat. Auth.: ORS
				  244.010 -
				  244.400,
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  244.010 -
				  244.400,
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0090 - Ethics in Appointments to Advisory Committees

Current through Register Vol. 63, No. 7, July 1, 2024
OPRD's designated procurement officer or a delegate may appoint
				procurement advisory committees to assist with specifications, procurement
				decisions, and structural change that can take full advantage of evolving
				procurement methods as they emerge within various industries, while preserving
				competition pursuant to ORS
				279A.015.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0100 - Non-retaliation

Current through Register Vol. 63, No. 7, July 1, 2024
Retaliation against anyone who complies with the Public
				Contracting Code and rules in this division related to ethics is prohibited.
				Any officer, employee or agent of OPRD or contractor who engages in retaliation
				action will be subject to penalties pursuant to ORS
				279A.990,
				244.350 to
				244.400 and related rules. Also,
				any contractor who engages in a retaliation action may be
				debarred.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0110 - Ethics in Specification Development

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OPRD and contractors must not develop
			 specifications that primarily benefit a contractor, directly or indirectly, to
			 the detriment of OPRD or the best interest of the state.
(2) OPRD must not develop specifications that
			 inhibit or tend to discourage public contracting with qualified rehabilitation
			 facilities (QRF) under ORS
			 279.835 through
			 279.855 and OAR
			 125-055-0005 through
			 125-055-0045 where those
			 specifications inhibit or tend to discourage the acquisition of QRF-produced
			 goods or services without reasonably promoting the satisfaction of bona fide,
			 practical procurement needs of OPRD.
(3) OPRD and contractors must not develop
			 specifications that inhibit or tend to discourage public contracting under
			 other public procurement laws or policies of OPRD.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0120 - Ethics in Sole Source

Current through Register Vol. 63, No. 7, July 1, 2024
OPRD may not select a sole-source procurement pursuant to ORS
				279B.075 and avoid a competitive
				procurement if the purpose of the selection is to primarily benefit the
				contractor, directly or indirectly, to the detriment of OPRD or the best
				interest of the state.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070,
				  279B.075 &
				  279A.140
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0130 - Fragmentation

Current through Register Vol. 63, No. 7, July 1, 2024
A procurement may not be artificially divided or fragmented so
				as to constitute a small procurement, pursuant to ORS
				279B.065, or an intermediate
				procurement, pursuant to ORS
				279B.070.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.065(5)(a),
				  279A.070 &
				  279B.065
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 146 - GENERAL PROVISIONS RELATED TOPUBLIC CONTRACTING › Section 736-146-0140 - Ethics in OPRD and Contractor Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Research Phase. OPRD is encouraged to
			 conduct research with contractors who can meet the state's needs. This research
			 includes but is not limited to:
(a)
			 Meetings;
(b) Industry
			 presentations; and
(c)
			 Demonstrations with contractors that, in OPRD's discretion, may be able to meet
			 OPRD's needs.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 147 - PUBLIC PROCUREMENT FOR GOODS ANDSERVICES GENERAL PROVISIONS › Section 736-147-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Parks and Recreation Department adopts OAR
				137-047-0000 through
				137-047-0810 (effective January
				1, 2008) with the exception of
				137-047-0270(4),
				the Department of Justice Model Rules, Public Procurements for Goods or
				Services General Provisions including the additional provisions provided in
				these rules.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279B.015
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 147 - PUBLIC PROCUREMENT FOR GOODS ANDSERVICES GENERAL PROVISIONS › Section 736-147-0030 - Emergency Procurements Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director of OPRD or person designated
			 under ORS 279A.075, may authorize OPRD
			 personnel to award a public contract for goods and services as an emergency
			 procurement pursuant to the requirements of 279B.080. Emergency contracts are
			 exempt from Department of Justice legal sufficiency review under OAR
			 173-045-0070 as set out in subsection (3)(b) of this rule.
(2) Pursuant to the requirements of this
			 rule, OPRD may, in its discretion, enter into a public contract without
			 competitive solicitation if an emergency exists. Emergency means circumstances
			 that could not have been reasonably foreseen that create a substantial risk of
			 loss, damage, interruption of services or threat to public health or safety
			 that requires prompt execution of a contract to remedy the condition.
(3) For contracts above $5,000, when entering
			 into an emergency contract, OPRD must:
(a)
			 Encourage competition that is reasonable and appropriate under the
			 circumstances;
(b) Award contract
			 within sixty (60) days following the event triggering the need for an emergency
			 contract unless an extension has been granted by the Director of OPRD or person
			 designated;
(c) Have a written
			 report prepared and signed by an executive of OPRD who is responsible for
			 oversight of the public contract within ten (10) business days after execution
			 of the public contract, said report to contain:
(A) A concise summary of the circumstances
			 that constitute the emergency and the character of the risk of loss, damage,
			 interruption of services, or threat to public health or safety created or
			 anticipated to be created by the emergency circumstances;
(B) A statement of the reason or reasons why
			 the prompt execution of the proposed public contract was required to deal with
			 the risk created or anticipated to be created by the emergency
			 circumstances;
(C) A brief
			 description of the services or goods to be provided under the public contract,
			 together with its anticipated cost; and
(D) A brief explanation of how the public
			 contract, in terms of duration, services, or goods provided under it, was
			 restricted to the scope reasonably necessary to adequately deal only with the
			 risk created or anticipated to be created by the emergency
			 circumstances.
(d)
			 Maintain a copy of report described in (c) of this rule in OPRD's emergency
			 public contract file and provide a copy of the report to the Attorney in
			 Charge, Business Transactions Section, Department of Justice, within thirty
			 (30) days after preparing the report;
(e) Provide a summary of the contract on the
			 Oregon Procurement Information Network (ORPIN) maintained by the DAS State
			 Procurement Office.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 147 - PUBLIC PROCUREMENT FOR GOODS ANDSERVICES GENERAL PROVISIONS › Section 736-147-0040 - Price Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OPRD
			 may create price agreements designed for the exclusive use of OPRD or use DAS
			 multi-agency price agreements. OPRD may create price agreements for the
			 purposes of minimizing paper work, achieving continuity of product, securing a
			 source of supply, reducing inventory, combining requirements for volume
			 discounts, standardization among agencies, and reducing lead time for
			 ordering.
(2) If OPRD conducts a
			 purchase of goods or services pursuant to a DAS or OPRD price agreement, OPRD
			 does not need to undertake an additional competitive solicitation.
Stat. Auth.: ORS
				  279A.065(5)(a),
				  279A.070
Stats. Implemented: ORS
				  279A
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 147 - PUBLIC PROCUREMENT FOR GOODS ANDSERVICES GENERAL PROVISIONS › Section 736-147-0050 - Mandatory Use Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of this rule, a Mandatory Use Contracts means a public contract,
			 DAS price agreement, or other agreement that OPRD is required to use for the
			 procurement of goods and services.
(2) If DAS State Procurement Office
			 establishes a price agreement that is designated mandatory for state agency
			 use, OPRD must procure applicable goods and services pursuant to the Mandatory
			 Use Contract unless otherwise specified in the contract, allowed by law or
			 these rules.
(3) OPRD is exempted
			 from Mandatory Use Contracts for acquisition of the following, regardless of
			 dollar amount:
(a) Goods or services from
			 another government public agency, provided that a formal written agreement is
			 entered into between the parties;
(b) Goods or services from the federal
			 government pursuant to ORS
			 279A.180;
(c) Personal property for resale through
			 student stores operated by public educational contracting agencies;
			 and
(d) Emergency purchases
			 declared by a contracting agency pursuant to ORS
			 279B.080.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 147 - PUBLIC PROCUREMENT FOR GOODS ANDSERVICES GENERAL PROVISIONS › Section 736-147-0060 - Amendments for Intermediate Goods or Services Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
OPRD may amend a public contract awarded as an intermediate
				procurement in accordance with OAR
				137-047-0800, but the cumulative
				amendments shall not increase the total contract price to a sum that is greater
				than 25 percent of the original contract price, except:
(1) OPRD may amend a public contract awarded
			 as an intermediate procurement in accordance with OAR
			 137-047-0800 over the 25 percent
			 cumulative amount but not exceeding the $150,000 threshold with written
			 approval from the OPRD Designated Procurement Officer based upon a
			 determination of the best interests of the state.
(2) OPRD may amend a public contract awarded
			 as an intermediate procurement in accordance with OAR
			 137-047-0800 over the 25 percent
			 cumulative amount exceeding the $150,000 threshold with written approval from
			 the OPRD Designated Procurement Officer and Department of Justice based upon a
			 determination of the best interests of the state.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279A.050,
				  279A.065(5),
				  279A.070 &
				  279A.140
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 147 - PUBLIC PROCUREMENT FOR GOODS ANDSERVICES GENERAL PROVISIONS › Section 736-147-0070 - Reinstatement of Expired or Terminated Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If OPRD enters into a contract for goods
			 or services and that contract subsequently expires or is terminated, OPRD may
			 reinstate the contract subject to the following:
(a) The type or aggregated value (including
			 all amendments) of the contract, after reinstatement, falls under OPRD
			 procurement authority in accordance with law, the Department of Justice Model
			 Rules and these rules;
(b) OPRD may
			 reinstate and amend for time only;
(c) The purpose must be for:
(A) Fulfillment of its term, up to the
			 maximum time period provided in the contract; or
(B) Completion of a deliverable, provided:
(i) The deliverable, including but not
			 limited to goods, services, or work, was defined in the contract as having a
			 completion date or event; and
(ii)
			 OPRD documents the uncompleted work as of the date of the reinstatement of the
			 expired contract in the procurement file.
(d) The expired or terminated contract was
			 previously properly executed; and
(e) The failure to extend or renew the
			 contract in a timely manner was due to unforeseen circumstances, unavoidable
			 conditions or any other occurrence outside the reasonable control of OPRD or
			 the contracting party.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 736-148-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Parks and Recreation Department adopts OAR
				137-048-0100 through
				137-048-0320 (effective January
				1, 2008), the Department of Justice Model Rules, Consultant Selection:
				Architectural, Engineering, Land Surveying, and Related Services Contracts
				including the additional provisions provided in these rules.
Stat. Auth.: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 148 - CONSULTANT SELECTION: ARCHITECTURAL, ENGINEERING, LAND SURVEYING AND RELATED SERVICES CONTRACTS › Section 736-148-0020 - Price Agreement Selection Process

Current through Register Vol. 63, No. 7, July 1, 2024
Consultants for price agreements must be selected, and Oregon
				Parks and Recreation Department (OPRD) must obtain architectural, engineering,
				land surveying and related services by selecting a consultant or consultants in
				the following manner:
(1) When OPRD
			 selects more than one consultant in accordance with the price agreement
			 solicitation process under OAR
			 137-048-0130(1),
			 OPRD must identify objective criteria in the solicitation document and the
			 price agreement to be used in assigning particular architectural, engineering
			 land surveying or related services to the most qualified consultant.
(2) Design-Build contracts involve the
			 provision of both design and construction services for public improvements
			 under one contract. Under most circumstances, Design-Build contracts are mixed
			 contracts with the predominate purpose of the contract involving construction
			 of the public improvement. If the predominate purpose of the contract is to
			 obtain architectural, engineering, land surveying and related aervices,
			 selection may proceed under this division and shall not be considered a
			 Design-Build project.
Stat. Auth.: ORS
				  279A.065(5)(a)
				  & 279A.070
Stats. Implemented: ORS
				  279C.110 &
				  279C.115
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 149 - GENERAL PROVISIONS RELATED TO PUBLIC CONTRACTS FOR CONSTRUCTION SERVICES › Section 736-149-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Parks and Recreation Department adopts OAR
				137-049-0100 through
				137-049-0910 (effective January
				1, 2008), the Department of Justice Model Rules, General Provisions Related to
				Public Contracts for Construction Services.
Stat. Auth: ORS
				  279A.065
Stats. Implemented: ORS
				  279A.065
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  565.060
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0015

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  565.060
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0020

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  565.060
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0030

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  565.060 [Amended by 1977 c.55
				  ¦18; 2005 c.777 ¦25]
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  565.060
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  565.060
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0100

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  565.060
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0105

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  565.060
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  565.060
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 201 - PROCEDURAL RULES (Repealed) › Section 736-201-0120

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  565.060
Stats. Implemented: ORS
				  565
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0000

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  813.602
Stats. Implemented: ORS
				  813.600 - ORS
				  813.616
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0010

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  813.602
Stats. Implemented: ORS
				  813.600 - ORS
				  813.616
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0011

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  813.602
Stats. Implemented: ORS
				  813.600 - ORS
				  813.616
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0012

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  813.602
Stats. Implemented: ORS
				  813.600 - ORS
				  813.616
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0021

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.616,
				  184.619 &
				  813.600
Statutes/Other Implemented: ORS 813.600
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0022

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.616,
				  184.619 &
				  813.600
Statutes/Other Implemented: ORS 813.600
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0023

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.616,
				  184.619 &
				  813.600
Statutes/Other Implemented: ORS 813.600
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0024

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.616,
				  184.619 &
				  813.600
Statutes/Other Implemented: ORS 813.600
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0026

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.616,
				  184.619 &
				  813.600
Statutes/Other Implemented: ORS 813.600
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0027

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.616,
				  184.619 & 813.600
Statutes/Other Implemented: ORS
				  813.600 & 813.602
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0105 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from
				  ODOT.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0110 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from
				  ODOT.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0115 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0125 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0130 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0135 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0140 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0145 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0150 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0155 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0160 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0165 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0170 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0175 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 5 - IGNITION INTERLOCK DEVICE PROGRAM › Section 737-005-0180 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  813.600,
				  813.660
Statutes/Other Implemented: ORS
				  813.599 -
				  813.680
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 10 - VEHICLE EQUIPMENT AND SAFETY STANDARDS › Section 737-010-0000 - Definitions Relating to Low-Speed Vehicles and Medium-Speed Electric Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
As used in division 10 rules and Chapter 865, Oregon Laws 2009,
				the following definitions apply:
(1)
			 "CFR" means Code of Federal Regulations and, unless otherwise expressly
			 identified, refers to revision 63 FR 33216, June 17, 1998, as amended at 68 FR
			 43972, July 25, 2003.
(2)
			 "Crushproof body design" means the vehicle has been certified by the National
			 Highway Traffic Safety Administration that the vehicle is in compliance with
			 FMVSS No. 216 Roof crush resistance;
(3) "TSO" means the Transportation Safety
			 Office of the Oregon Department of Transportation;
(4) "Enclosed" means a complete shell
			 comprised of a top, bottom and sides meant to protect the vehicle and
			 occupants;
(5) "FMVSS" means
			 Federal Motor Vehicle Safety Standards and Regulations as specified by NHTSA
			 under  49 CFR, Part 571 ;
(6)
			 "Low-speed vehicle" means a four wheeled motor vehicle with a top speed of more
			 than 20 miles per hour but not more than 25 miles per hour.
(7) "Medium-speed electric vehicle" means an
			 electric motor vehicle with four wheels that is equipped with a roll cage or a
			 crushproof body design, can attain a maximum speed of 35 miles per hour on a
			 paved, level surface, is fully enclosed and has at least one door for
			 entry;
(8) "NHTSA" means the U.S.
			 Department of Transportation, National Highway Traffic Safety
			 Administration.
(9) "Open-body type
			 vehicle" means a vehicle having no occupant compartment doors and/or top or a
			 vehicle having readily detachable occupant compartment doors and/or top;
			 and
(10) "Roll cage" is an
			 enclosure that will support the vehicle's weight and be so designed as to
			 protect the occupants when the vehicle is resting on this enclosure.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS 184.619, 802.010, 815.010,
				  815.030 & 2009 OL Ch 865
Statutes/Other Implemented: ORS 815.010, 815.030 & 2009
				  OL Ch 865
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 10 - VEHICLE EQUIPMENT AND SAFETY STANDARDS › Section 737-010-0005 - Enclosed Cab for Three-Wheeled Vehicle Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Enclosed Cab" for the purposes of ORS
				814.290(1),
				is a three-wheeled vehicle, such as a motorcycle or moped, with a structural
				upper frame and roof defining the compartment for driver and passenger(s) that
				is certified by the vehicle manufacturer as meeting the standards for the
				structural upper frame and roof prescribed under
				49 CFR
				571.216a.
Statutory/Other Authority: ORS
				  184.619,
				  802.010,
				  814.290(1)
Statutes/Other Implemented: ORS
				  814.290(1),
				  815.010,
				  815.030,
				  2009 OL ch 865
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 10 - VEHICLE EQUIPMENT AND SAFETY STANDARDS › Section 737-010-0010 - Minimum Safety Standards for Low-Speed Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As the minimum vehicle safety standards
			 for low-speed vehicles, TSO adopts the Federal Motor Vehicle Safety Standards
			 (FMVSS) applicable to low-speed vehicles as set forth in  49 CFR, Part 571.500
			  (October 1, 2008).
(2) The vehicle
			 safety equipment requirements for low-speed vehicles described under this rule
			 apply to original and replacement equipment.
Statutory/Other Authority: ORS 184.619, 802.010, 815.010,
				  815.030 & 2009 OL Ch 865
Statutes/Other Implemented: ORS 815.010, 815.030 & 2009
				  OL Ch 865
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 10 - VEHICLE EQUIPMENT AND SAFETY STANDARDS › Section 737-010-0020 - Minimum Safety Standards for Medium-Speed Electric Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
As the minimum vehicle safety standards for medium-speed
				electric vehicles, Transportation Safety adopts the standards and requirements
				set forth below. The vehicle safety equipment requirements described under this
				rule apply to original and replacement equipment. A medium-speed electric
				vehicle must:
(1) Comply with the
			 following Federal Motor Vehicle Safety Standards (FMVSS) found in the Code of
			 Federal Regulations (CFR), Title 49, Part 571, 2008 edition.
(a) FMVSS No. 108; Lamps, reflective devices,
			 and associated equipment.
(b) FMVSS
			 No. 111; Rearview mirrors.
(c)
			 FMVSS No. 114; Theft protection and rollaway prevention standards.
(d) FMVSS No. 135; Light vehicle brake
			 systems.
(e) FMVSS No. 206; Door
			 locks and door retention components.
(f) FMVSS No. 209; Seat belt assemblies. A
			 Type 1 or Type 2 seat belt assembly conforming to FMVSS No. 209, installed at
			 each designated seating position, and whose mounting complies with FMVSS No.
			 210.
(g) FMVSS No. 216; Roof crush
			 resistance.
(h) FMVSS No. 305;
			 Electric-powered vehicles: electrolyte spillage and electrical shock
			 protection.
(i) FMVSS No. 205; A
			 windshield of AS-1 or AS-5 composition, that conforms to the American National
			 Standards Institute's "Safety Code for Safety Glazing Materials for Glazing
			 Motor Vehicles Operating on Land Highway," Z-26.1-1977, January 28, 1977, as
			 supplemented by Z26.1a, July 3, 1980.
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 15 - TRAFFIC SAFETY EDUCATION › Section 737-015-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the rules in division 15 is to implement ORS
				802.345 by:
(1) Establishing a
			 curriculum for a traffic safety education course under ORS 336.800;
(2) Establishing a procedure to certify that
			 a traffic safety education course meets the curriculum standards;
(3) Establishing qualifications for a person
			 to teach a traffic safety education course;
(4) Establishing rules for the administration
			 of ORS 336.805 and 336.810, relating to recordkeeping for and reimbursement and
			 distribution of funds in the Student Driver Training Fund, including reduced
			 tuition for low-income pupils; and
(5) Establishing rules for the administration
			 of ORS 336.790 to 336.815, related to increasing enrollment in underserved
			 areas of the state, and the imposition of sanctions against a provider of a
			 traffic safety education course that has violated a provision.
Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.800, 336.805, 336.810,
				  802.110, 802.345 & 807.065
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 15 - TRAFFIC SAFETY EDUCATION › Section 737-015-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in division 15 rules, unless the context otherwise
				requires:
(1) "Adaptive Strategy"
			 means a program element that may be altered to help support and promote driver
			 education in underserved areas of the state.
(2) "Approved Course" also "Approved Program"
			 means a traffic safety education course or program conducted by an approved
			 provider.
(3) "Approved Instructor"
			 also "Instructor" means a teacher who holds a valid approved instructor
			 certification card. An approved instructor has successfully completed required
			 training and meets minimum requirements set forth in OAR
			 737-015-0070.
(4) "Approved
			 provider" also "provider" is a private school, public school, commercial driver
			 training school or county that has been granted approval by ODOT-TSO to provide
			 instruction using a Division-approved curriculum by instructors who have
			 completed a Division-approved instructor course of study. A provider is
			 responsible for all aspects of the program and is required to maintain required
			 records, whether or not instruction is contracted.
(5) "Behind-the-wheel" instruction means the
			 portion of the approved course that requires the student to be located behind
			 the steering wheel of a dual control equipped motor vehicle or a simulated
			 vehicle, operating it either in real or simulated traffic situations, through
			 the direct guidance of a driver education instructor.
(a) Four hours of simulation is equal to one
			 hour of behind the wheel instruction.
(b) One hour of operating a motor vehicle is
			 equal to one hour of behind the wheel instruction.
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 15 - TRAFFIC SAFETY EDUCATION › Section 737-015-0030 - Curriculum Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An approved
			 program curriculum must include:
(a) A minimum
			 of 30 hours of classroom instruction not exceeding 6 hours per week or 3 hours
			 per day that includes:
(A) Instructing
			 students about driving on all types of Oregon roads in a positive and courteous
			 manner;
(B) Driver
			 responsibility;
(C) Preparing and
			 controlling the vehicle;
(D)
			 Identification and proper use of signs, signals, markings, and roadway
			 types;
(E) How to enter, use, and
			 exit different types of intersections;
(F) Automobile maneuvers and traffic
			 flow;
(G) Management of time and
			 space using accepted and current practices, including targeting, line of
			 sight/path of travel, model driving habits and reference point
			 concepts;
(H) Defensive
			 driving;
(I) Rules of the
			 road;
(J) How the laws of physics
			 and natural laws affect driving;
(K) How physical, emotional, and
			 psychological conditions affect driving;
(L) Impaired driving; and
(M) Emergency situations.
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 15 - TRAFFIC SAFETY EDUCATION › Section 737-015-0035 - Adaptive Strategies for Underserved Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A provider that delivers a course in underserved areas may qualify for
			 regulatory incentives.
(2) A
			 provider that teaches an approved program in a rural or frontier community may
			 qualify for an adaptive strategy to help offset costs associated with
			 delivering a program in underserved areas.
(3) Rural and frontier communities shall be
			 designated by ODOT-TSO based on mileage and travel time from a community of
			 specific size. Population is based on the most recent census. Mileage and
			 travel time is based on approved mapping software.
(4) For an approved provider to qualify for
			 an adaptive strategy, classroom sessions must be held within the designated
			 rural or frontier community.
(5)
			 Only communities designated as rural or frontier shall qualify for adaptive
			 strategies.
(6) An adaptive
			 strategy may include, but is not limited to, online instruction or video
			 conferencing to substitute for a portion of classroom seat time, increased
			 daily lesson time limits, or course materials provided by ODOT-TSO.
(7) Applying an adaptive strategy in an area
			 that has not been designated as rural or frontier, or misuse, fraud, or
			 altering the intended use of an adaptive strategy may lead to
			 sanction.
Statutory/Other Authority: ORS 184.619 & 802.345
Statutes/Other Implemented: ORS 336.790, 336.800, 336.805,
				  336.810, 802.110, 802.345 &
				  807.065
Oregon Administrative Rules › Chapter 737 - DEPARTMENT OF TRANSPORTATION, TRANSPORTATION SAFETY DIVISION › Division 15 - TRAFFIC SAFETY EDUCATION › Section 737-015-0050 - Instructional Materials and Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Current traffic safety education instructional materials shall be provided for
			 each student enrolled for classroom instruction, and shall be available to
			 students during the classroom and behind-the-wheel instruction.
(2) Any motor vehicle used by an approved
			 provider, for the behind-the-wheel instruction portion of a traffic safety
			 education course shall:
(a) Be equipped with a
			 dual control;
(b) Be maintained in
			 good mechanical condition;
(c) Meet
			 the safety and equipment standards of the Oregon Vehicle Code;
(d) Be equipped with approved seat belts for
			 the student driver, the instructor and any observing passengers;
(e) Be equipped with a functional heater and
			 defroster;
(f) Be equipped with the
			 following emergency equipment: a fire extinguisher; first aid kit in compliance
			 with OR-OSHA Bloodborne Pathogens Standards; and three flares or three approved
			 reflectors;
(g) Be clearly
			 identified with an appropriate sign or signs stating: "Student Driver" or "Dual
			 Control Car, Driver Education" or "Driver Education Car." Such identification
			 must be clearly visible and readable to pedestrians and other
			 traffic;
(h) Be properly registered
			 in Oregon or an adjacent state;
(i)
			 Be covered by insurance as required by the state of Oregon; and
(j) Be equipped with at least the following
			 mirrors:
(A) One mirror on each side of the
			 vehicle, mounted either inside or out, for the use of the instructor and the
			 student while properly seated;
(B)
			 A rear view mirror for the use of the driver; and
(C) An instructor eye check mirror to monitor
			 eye movements of the student driver.
(D) An instructor rear view mirror.