OAR 735-160-0075
Commercial Driver Training School Instructor Qualifications
(1)
No person will teach, conduct classes, give demonstrations to, or supervise the practice of student drivers for compensation unless he or she 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:(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 years preceding the date an application for an Instructor Certificate is submitted to DMV, or valid driving privileges for at least five years 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 To be valid, driving privileges must not be suspended, revoked, canceled, or otherwise withdrawn for a violation of a traffic crime described in OAR 735-160-0005 (Definitions)(20) and ORS 801.545 (“Traffic crime”). For purposes of these OAR 735 division 160 rules, a hardship or probationary 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)
Not have a conviction for any of the following crimes:(A)
A traffic crime as defined by ORS 801.545 (“Traffic crime”) and OAR 735-160-0005 (Definitions)(20). 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 (Kidnapping in the second degree) through 163.266 (Trafficking in persons);(C)
Any sexual offense, with or without force, any offense related to child pornography, or compelling or promoting prostitution;(D)
Any crime involving death, injury or threat of injury to another person;(E)
Any crime involving theft, forgery, fraud, falsifying or tampering with records, or racketeering; or(F)
Any crime relating to the unlawful possession, use, sale, manufacture, or distribution of controlled substances or alcoholic beverages;(e)
Not engage in conduct that is substantially related to the person’s fitness to be an Instructor or that demonstrates unfitness and inability to perform the responsibilities of an instructor. DMV will determine from the facts of the conduct, and the intervening circumstances known to DMV, if the person is fit to perform the responsibilities of an Instructor or poses a risk to the safety of others while performing those responsibilities; and(f)
Have received a passing score on the written knowledge test and the certification drive test described in OAR 735-160-0100 (Commercial Driver Training School Instructor Testing) if the person is required to take the certification drive test under OAR 735-160-0080 (Issuance of Commercial Driver Training School Instructor Certificate)(3).(g)
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 (Kinds of offenses and number of convictions) 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 or Corrected 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 (Implied consent to breath or blood test) 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 (Implied consent to breath or blood test) 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 735-160-0125 (Sanctions); 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.(4)
A person who has been convicted of one of the crimes listed in section (2) of this rule may include an explanation of the crime or evidence of intervening circumstances since the conviction. Notwithstanding the conviction DMV may issue an Instructor Certificate if the person is otherwise qualified and DMV determines based on the explanation or evidence that the conviction does not affect the person’s fitness to be an Instructor.(5)
A person whose driving privileges have been suspended as described in section (3)(e) of this rule may include an explanation or evidence of intervening circumstances since the suspension. Notwithstanding the suspended driving privileges, DMV may issue an Instructor Certificate if the person is otherwise qualified and DMV determines based on the explanation or evidence that the suspension does not affect the person’s fitness to be an Instructor.(6)
An applicant who has answered “Yes” to any medical question on the application, or whose driving privileges are cancelled, suspended or revoked due to a mental or physical condition may include an explanation or evidence regarding the condition. DMV may request additional information from the applicant including, but not limited to, documentation regarding the nature of the condition from a licensed medical practitioner. Notwithstanding the condition, DMV may issue an Instructor Certificate if the person is otherwise qualified and based on the explanation or evidence DMV determines that the condition does not affect the person’s fitness to be an Instructor.
Source:
Rule 735-160-0075 — Commercial Driver Training School Instructor Qualifications, https://secure.sos.state.or.us/oard/view.action?ruleNumber=735-160-0075.