Or. Admin. Code § 735-160-0015

Current through Register Vol. 63, No. 12, December 1, 2024

Section 735-160-0015 - Commercial Driver Training School Operator Responsibilities

(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.

(b) Notify DMV by regular mail or email within 24 hours if the name or address of the school changes or the school operator's name changes. If the name of the school changes, the operator must submit bond and insurance documents in the new business name to DMV within 10 days;

(c) Make any and all business records, vehicles and facilities related to the operation of the school available for inspection by a DMV inspector in accordance with OAR 735-160-0030. DMV may conduct an inspection with or without prior notice to the school operator;

(d) Establish procedures that reasonably ensure no Instructor or student is under the influence of any intoxicant, as defined in Oregon Laws 2023, Chapter 498 during classroom or behind-the-wheel instruction;

(e) Obtain Commercial Driver Training School Feedback forms (DMV form 735-7419) from DMV by emailing thirdpartyprograms@odot.oregon.gov.

(f) Provide student with a copy of the Commercial Driver Training School Feedback form (DMV form 735-7419);

(g) Comply with all statutes, administrative rules, and regulations related to the operation of a commercial driver training school;

(h) Adhere to the code of ethics and rules of conduct set forth in OAR 735-160-0130;

(i) Authorize only a person who has a valid instructor certificate and is employed by the school to provide classroom or behind-the-wheel instruction to a student driver;

(j) Notify DMV by email or regular mail within 24 hours (excluding weekends and state holidays) of any:

(A) Notice of a civil legal action filed against the school, operator or an instructor which is related to the school's operations; or

(B) Criminal investigation, arrest or conviction for an offense described in OAR 735-0160-0010(2); and

(k) Notify DMV by mail, or email within 5 calendar days of any customer complaints received by the school.

(l) Have an active email address and Internet access.

(2) An operator must not:

(a) Falsify or tamper with any records;

(b) Act as a commercial driver training instructor unless the operator has a valid instructor certificate by DMV;

(c) Transfer or allow any other school or operator to use the school certificate issued to the operator;

(d) Knowingly assist a person to fraudulently obtain driving privileges from DMV; or

(e) Permit an instructor who works for the school to:

(A) Provide classroom or behind-the-wheel instruction to any student driver who is not enrolled in the school, but does not include instruction given by an instructor to the instructor's immediate family members;

(B) Conduct any behind-the-wheel instruction with any student driver not in possession of a valid driver license or instruction permit;

(C) Provide behind-the-wheel instruction to any student driver on a driving route specifically used by DMV to test applicants for Oregon driving privileges;

(D) Provide questions and answers that are identical to a DMV knowledge test during classroom training;

(E) Conduct training, if the instructor does not possess a valid driver license from Oregon, or another jurisdiction within the United States.

(f) Permit any person under the age of 19 to conduct any instruction or permit any person under the age of 21 to conduct behind-the-wheel instruction.

Or. Admin. Code § 735-160-0015

MV 2-1993, f. & cert. ef. 2-16-93; DMV 15-2005, f. & cert. ef. 5-19-05; 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 184.619, 802.010 & 822.515

Statutes/Other Implemented: ORS 822.515