Or. Admin. R. 735-160-0075

Current through Register Vol. 63, No. 8, August 1, 2024

Section 735-160-0075 - Commercial Driver Training School Instructor Qualifications

(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 To be valid, driving privileges must not be suspended, revoked, canceled, or otherwise withdrawn for a conviction of a traffic crime at any time within the five-year period.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.

(3) A person is not eligible for an instructor certificate, and will not be allowed to renew or maintain an instructor certificate if:

(a) The person has a physical or mental condition or impairment affecting the person's ability to teach, give demonstrations, or supervise the practice of student drivers in a motor vehicle;

(b) The person's vision in both eyes, with or without corrective lenses, does not meet a minimum acuity of 20/40. Corrective lenses do not include bioptic telescopic lenses. This requirement does not apply to a person applying to conduct only classroom training.

(c) The person's driving privileges are revoked as a habitual offender under ORS 809.600 or any equivalent action in another jurisdiction. This section applies if the person's driving privileges were revoked as a habitual offender and have not been restored under ORS 809.660 or its equivalent in another jurisdiction at least five years prior to the date an application for an instructor certificate is submitted to DMV;

(d) The person is enrolled or participating in a DUII diversion program including an equivalent diversion program in another jurisdiction. This section will apply if the person was enrolled or participated in a diversion program anytime within the five years preceding the date an application for an instructor certificate is submitted to DMV;

(e) The person has had a suspension of driving privileges under a driver improvement program, including an equivalent driver improvement program in another jurisdiction. This section will apply if the suspension occurred within the last three years preceding the date an application for an Instructor Certificate is submitted;

(f) The person refuses to take a breath or blood test in accordance with ORS 813.100 or any equivalent violation in another jurisdiction. This section applies if the person refused a breath test anytime within five years preceding the date an application for an Instructor Certificate is submitted to DMV;

(g) The person fails to pass a breath or blood test in accordance with ORS 813.100 or any equivalent violation in another jurisdiction. This section applies if the person fails a breath test anytime within five years preceding the date an application for an Instructor Certificate is submitted to DMV;

(h) The person is an instructor at any school in Oregon whose school certificate is currently revoked, canceled, or withdrawn unless the operator has completed the terms of their sanction according to OAR 735-160-0115; or

(i) The person has an instructor certificate or school certificate that is suspended, revoked, canceled, or withdrawn or a similar sanction in this or in any other jurisdiction, on the date the application for an instructor certificate is submitted to DMV. The person must disclose on the application if he or she has been certified as an instructor or operator in the past three years in any other jurisdiction and specify the jurisdiction(s). DMV will verify whether the person's certification is currently withdrawn in that jurisdiction and if it is grounds for denial or withdrawal of an Oregon instructor certificate.

(j) The person has a conviction for any of the following crimes:

(A) A traffic crime, except as provided in sections (3)(j)(D) to (F) of this rule. This subsection does not apply if the conviction occurred more than five years preceding the date an application for an Instructor Certificate is submitted to DMV;

(B) Kidnapping, custodial interference, subjecting another to involuntary servitude, or trafficking in persons as defined in ORS 163.225 through 163.266;

(C) Any sexual offense, with or without force, any offense related to child pornography, or compelling or promoting prostitution;

(D) Any crime, including a traffic crime, involving death, injury or threat of injury to another person;

(E) Any crime, including a traffic crime, involving theft, forgery, fraud, falsifying or tampering with records, or racketeering; or

(F) Any crime, including a traffic crime, relating to the unlawful possession, use, sale, manufacture, or distribution of intoxicants, as defined in Oregon Laws 2023, Chapter 498.

(4) The criteria described in this rule apply to a current instructor certificate and may provide grounds for suspension, revocation, or cancellation as described in OAR 735-160-0115 if an instructor fails to remain qualified as prescribed under this rule.

Or. Admin. R. 735-160-0075

DMV 15-2005, f. & cert. ef. 5-19-05; DMV 5-2009, f. & cert. ef. 2-20-09; DMV 15-2013, f. & cert.ef. 9-24-13; DMV 38-2019, amend filed 12/17/2019, effective 1/1/2020; DMV 23-2023, amend filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 814.619, 802.010 & 822.515

Statutes/Other Implemented: ORS 822.515