Or. Admin. Code § 735-160-0130

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

Section 735-160-0130 - Code of Ethics and Rules of Conduct

(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.

Or. Admin. Code § 735-160-0130

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 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