Current through Register Vol. 63, No. 9, September 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withdrawn for a conviction of a traffic crime at any time within the five-year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.
(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.